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Is it possible to file a lein without filing on the SCR?

UtahCollections
Anonymous Contractor

As an HVAC professional, we have performed a job for a commercial *old folks home* (diagnostic, repair, and installation of a PTAC unit totallying around $8000) that has gone unpaid for 8 months. In those 8 months we have sent letters, emails, and made a few phone calls in attempt to collect the debt. We have been told to contact accounting at different numbers and different email addresses. We have been told the parties no longer work there and been given different email addresses and been thrown in a few loops. What more can we do to receive payment from this establishment? Can we file a lein on the property without have filing anything on the SCR.

1 reply

Levelset Admin at Levelset
| 389 reviews
Feb 24, 2020
In Utah, while preliminary notice documents are required to be filed through the Utah State Construction Registry electronic filing system, mechanics liens are filed in the county records for the county in which the improved property is located. However, the location at which a Utah mechanics lien must be filed is only one aspect of the requirements and mechanics lien process that must be met in order to claim a valid and enforceable mechanics lien. In Utah, a construction mechanics lien must be filed 90 days from the date the notice of completion was filed, or if no such notice was filed, within 180 days from the completion of work. In no event can a valid lien be filed later than 180 days from the end of work on the project. In the event a mechanics lien is not available, there may be other opportunities for recovering the amount owed, however. In Utah, an action in small claims court can be initiated when the amount at issue is less than $11,000. Or, outside collections firms may be able to help recover the amounts due.
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