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Next step if we didn't enforce the lien in 90days

California

Hello, I filed a lien on this project and didn't enforce it within the 90days. Now the owner wants us to release the lien or they will file a petition on us. Wondering what else can we do now to get paid? Thank you

1 reply

Dec 2, 2022

If the lien did expire, the owner is correct that they can file a petition to release the lien and recover their attorney's fees from you. So you should record a release of the lien. However, if you haven't been paid in full, you should still have claims against the owner that you can enforce. You just don't have the security and leverage of a valid mechanic's lien.

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