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In order to get paid on a lean do I have to file a lawsuit within the 90 days

Anonymous General Contractor

So I filed a lean on a client with levelset I believe in January. Because I have not been paid, filing a lawsuit is rather costly. If I have an expired lean and I do not enforce the lean with a lawsuit within the 90 days And the client passes away the property gets turned over to the children, are they still required by law to pay the expired lien?

1 reply

Christopher Tolley

Attorney at Phillips & Angley

| 1 reviews

Feb 8, 2022

If you do not file suit and record a certified copy of the complaint within the time periods specified in the statute, the lien dissolves by operation of law regardless of who owns the property.

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