HI, we did a job 2019, file a mechanical lien with you, contractor made payments june-Dec2020. NO payments recieved this year 2021. open balance $15, 244.07 Need to know what should beour next step
Hello,
You can file suit to enforce your rights to the balance owed to you. Your causes of action would be breach of contract, promissory estoppel (or quantum meruit), violations of the Prompt Payment Act, Rule 185 (depending on how good your records are), and perhaps some others.
One thing you should be aware of is that your ability to enforce the lien as it is may have fallen off. Usually, if an enforcement action is not brought within a year, you lose the right to foreclose.
E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com
Hello again,
If the property is commercial and you are under the statute of limitations for foreclosure, this claim SHOULD NOT be brought in small claims court. You would want to go to District Court to enforce your rights.
-Aaron