Hello...I have a recorded Mechanics Lien dated 3/25 and nothing has happened. No check, no call, nothing. What is my next step of legal action.
4 replies
Apr 14, 2020
A lawsuit to foreclose upon the mechanics lien needs to be filed within 90 days from the date your lien was recorded. The lawsuit should be filed in the County where the lien was recorded.
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Apr 14, 2020
A lawsuit is going to be the ultimate step needed. As referenced above, you will need to file a lawsuit to foreclose the lien no later than 90 days after the lien was recorded. If you fail to do so, the lien will expire. And worse, the owner can force you to release the expired lien at your expense.
But as the lien was recorded on March 25, you have a little time. You should use this time to see if you can negotiate a resolution without the need to file a lawsuit. Contact the owner and, if different than the owner, your customer. Explain the situation, that you had no choice but to file a lien, and that you will be forced to bring legal action to foreclose the lien if you are not paid immediately.
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Apr 14, 2020
Of course, if your time to record a lien has not expired, you can record another lien which will re-set your 90 day time-frame to file a lawsuit.
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Apr 14, 2020
You have 90 days to file an action in court to foreclose the mechanics lien, or the lien is lost. You could however still file in small claims court on the contract at any times and waive your lien rights.