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Mechanic's Lien Not Filed in Time. What are our options?

GeorgiaMechanics LienPayment Disputes

I'm a contractor and on January 27th, about 10 days after a settlement was reached with the client in email, the client submitted a fraudulent charge on her credit that she used to pay our company and the charge was reversed and funds were removed from our account. We hoped to settle through the client's credit card company, American Express, since we had documentation of the settlement amount with the client, but as of last Friday were not successful in doing so and were not aware of 90 day rule on liens as this was the first time our company has had to file one. We do have detailed email and text documentation of our efforts, before photos and after photos from the real estate listing as the client is now trying to sell the house.

1 reply

Jun 2, 2021

You still have claims against the client. A lien just means "if I win my lawsuit and don't get paid I can recover from the property." If you win the lawsuit, you collect in the "normal" ways (i.e., the client writes a check, garnishment, etc.)

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