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Notice of Intent to Lien Returned

California

We installed equip on 8/18/2021. Upon completion she advised our installers that she was recently involved in a vehicle accident where her car went into our local lake and her purse was lost including her phone and credit card that she was planning to pay us with. She was informed that she should receive a replacement in 7-10 days and therefore could pay us upon receipt of the replacement. She has not done so and is not responding at all. I sent the Notice of Intent to Lien but it "came back as refused, unclaimed, or undeliverable". I dont know what this means or what our options are at this point. Can we go and repossess the equipment for failure to pay?

1 reply

Sep 14, 2021

IIt would be a good idea to speak with a construction attorney, especially before any self-help type repossessions are done. Depending on your circumstances, the fact that you sent the mail may be enough to proceed with the lien and you could also have breach of contract-type remedies available.

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