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mechanics lien vs collections agency

GeorgiaCollectionsMechanics Lien

How long should I wait to see results of a mechanics lien before I get help from a collections agency?

3 replies

Nov 13, 2020

Ultimately, that's a busness decision that each lien claimant will have to make themselves. But, there is some information that can help to inform that decision making process. Before diving in, keep in mind that there are some steps you can take to maximize chances of recovery on a lien: The 4 Steps to Take After Filing a Mechanics Lien.

GA's lien enforcement deadline is 1 year after the lien filing. So, the lien will expire 1 year after it's been filed - and the lien will no longer be effective. Meaning, the time to act is typically at least within that year span (unless the owner or GC reduces the timeframe for filing a lien with a Notice of Contest). Further discussion on the lien enforcement deadline, here: How long does my Georgia mechanics lien last? When is the deadline to enforce? 

Certainly, though, there can be some additional factors to consider - like how responsive your customer has been, the cashflow of your business, your willingness to write off a loss, etc. If you'd like to explore discussions with a collection agency, this article may be useful: Top Collection Agencies for Construction Companies.

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Nov 16, 2020

Anytime a debt is owed beyond your terms, you can let a collecion agency work to collect the outstanding balance. The longer a debt is owed the lesser the chance of collection. Delinquent accounts don't age like fine wine but rather like milk. The best source on collection agencies can be found from Commercial Collection Agencies of America. If you would like a free copy of how the collectibility of an account decreases over time, just email srauch@rauchmilliken.com and I'll be glad to share. Best regards, Steve

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Nov 20, 2020
With respect to amounts owed on a construction project, a lien is the best way to secure your right to payment and create pressure for payment. If a lien is not getting attention, it doesn't seem likely that a collection agency will. I suggest speaking to an attorney to determine the best course of action and the best way to use the lien to your advantage.
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