We filed notice of mechanic lien and sent certified mail that was returned to sender. The GC, resident, and property owner all returned to sender. Also, GC sent a reply that he's not going to pay. So, our question is we have not completed the 90 day notice of mechanic lien process so can we file the actual mechanics lien today without jeopardizing our remedies, and recourse of our claim? We also sent them service of notice in person.
Hello,
You have to prove that they were sent to the last known address of the GC and the property owner. Make sure the addresses on them are absolutely perfect.
What is not required is for them to actually pick them up from the mailbox. You are not responsible for that.
So, if you have sent your notice and everything else is correct, file your lien and let's get the party started!
E. Aaron Cartwright III
214.799.0776
Info@EACLawyer.com
A notice of filing of mechanic's lien is required to be mailed by certified mail within five days of filing the lien. Your indication that you mailed notice of mechanic's lien before you actually filed a mechanic's lien is confusing.
As long as you can prove that you properly mailed the required notices in a timely manner, it does not matter that the recipients refused to claim the certified mail. You can track and confirm the delivery progress or success of delivery of certified mail at the following USPS web site:
https://tools.usps.com/go/TrackConfirmAction!input.action
Retain a construction attorney to evaluate your legal position and to provide advice.
Good luck.