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Place a lien on a business for non payment of service

if I am a business providing a cleaning service for another company and they refuse to pay their monthly bill, can I place a lien on the property we provide the service?

2 replies

Jun 17, 2020

Unfortunately, the answer is likely no. Mechanics liens are typically reserved for labor or materials provided for the "improvement" of the property. This requires some form of permanent improvement in connection with a construction project. Monthly cleaning services are usually not covered under mechanics lien laws, unless the services are in connection with the construction or improvement of the property. Your best option for collecting unpaid invoices is to file a lawsuit for breach of contract or unjust enrichment. Or at the very least, the threat of litigation may be enough. You can send a payment demand letter to inform them that if you aren't paid soon, you are willing to enforce your rights in court. Also, depending on the amount in dispute, you may be able to bring this action in NC small claims court; which is capped at claims of $10,000 or less. You may want to personally reach out to a North Carolina construction attorney to discuss these options. Good luck!

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Jul 17, 2020

My firm collects for other cleaning service companies and are quite successful. We collect on a contingency bases so if you would like a free quote just email me at srauch@rauchmilliken.com Best regards, Steve

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