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Home>Levelset Community>Legal Help>RE: Mechanics Lien filed in State of New Mexico. Thank you for the response of New Mexico not requiring notice to listed parties of a lien being filed. My question is more directed to " Is it to MY benefit to send "certified mail" notices to listed parties after there has been notices sent out regular mail? I was under the impression the service I used was going to send them certified but only sent them first class.

RE: Mechanics Lien filed in State of New Mexico. Thank you for the response of New Mexico not requiring notice to listed parties of a lien being filed. My question is more directed to " Is it to MY benefit to send "certified mail" notices to listed parties after there has been notices sent out regular mail? I was under the impression the service I used was going to send them certified but only sent them first class.

New MexicoMechanics Lien

Previous question partially answered

1 reply

Apr 23, 2019
We're glad to have you back at the Construction Legal Center! Based on the question above, looks like this was your previous question. Anyway, that's a good question. As Alex had mentioned previously - when a New Mexico mechanics lien is filed, the lien claimant isn't required to send notice, but it's still generally a good idea to send notice of a filed lien claim. That's because the ultimate goal of the lien claim is to make sure payment is received - and the more parties that are aware of the lien filing, the better the opportunity to obtain payment. So, when a lien claim has been filed and notice was sent via first class mail, that mail may be sufficient to put other parties on notice for the benefit of the lien claimant. But sending the mail in some other manner - such as certified mail - could provide a little more benefit. When something is sent via certified mail, it's easier for the party who sent the notice to track the mail piece and for them to be more sure that the mail was properly delivered. That means, in a situation where notice is sent via certified mail rather than first class, a claimant can be more certain that the notice went to the right place and actually got there - and that might be good for peace of mind. Further, because New Mexico has no notice requirement or deadline - sending additional notice could only help the cause of bringing awareness to the lien claim. So if a claimant has already sent notice of their lien via first class mail, sending additional notice of the lien filing via certified mail might make sense if the claimant wants to be certain the mail ended up where it was intended to go. Hope that was helpful!
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