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Is filing a Mechanics lien for $3825.00 worth the trouble if I have to hire a Construction lawyer to file a foreclosure?

CaliforniaForeclosure

I planted nine large shrubs for labor and materials costs of $3825.00. The owner is refusing to pay my invoice. He is saying the trees are diseased, the nursery says this is common and they and will grow out of the problem in Spring. The owner could have rejected the plants when they arrived as he was involved in their installation but he didnt and now that they are planted, they cannot be returned.

3 replies

Jan 14, 2021
It will cost you more than the amount you’re owed to file suit to foreclose your lien. You may want to take the GC to Small Claims Court yourself. You can’t perfect a mechanic’s lien in Small Claims Court but you can sue the GC there for breach of contract to recover the money you’re owed.
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Jan 15, 2021

Apparently the owner is not going to pay voluntarily and since returning is not an option, I would suggest letting a certified commercial collection agency licensed and bonded to collect in CA attempt to persuade owner to pay. This could be done without any upfront cost to you and the agency only receives a small percentage of what they collect for you. Feel free to call or email srauch@rauchmilliken.com Best regards, Steve

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Jan 15, 2021
Likely not, but hiring a lawyer to write a demand letter may be useful.  If that des not work, Small Claims Court is a great option.
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