Home>Levelset Community>Legal Help>Received a letter from the company I filed a lien against

Received a letter from the company I filed a lien against

We filed a mechanic's lien and then received a notice from them about needing a reason.

5 replies

Mar 11, 2021

Depending on the notice received, you may have to provide them with a reason (or substantiation depending on the notice). Generally, the only reason to file a mechanic's lien is that you have been left unpaid for labor, materials, equipment, etc. furnished for the improvement of real property. Please speak with a construction lawyer for further details as the lien and notice need to be reviewed.

0 people found this helpful

Helpful

Mar 11, 2021

It was a notice stating that we need to take action to enforce the lien and why it shouldnt be vacated. So does this mean we actually have to sue them/file a complaint now?

Report Spam

Mar 11, 2021

I am not sure what the notice says or which notice you're even referring to sir. This is not the kind of thing that can be handled here (or without an attorney being retained). If you wanted to handle yourself, you would need to look at the N.Y. Lien Law, among other things, but that is very tricky stuff, best of luck.

0 people found this helpful

Helpful

Mar 11, 2021

Without seeing the letter, i cannot be certain, but it sounds like a Lien Law section 38 demand. If that is what it is, you must set forth the basis for the amount of the lien. You may need the assistance of an attorney. If it is based on a contract or purchase order and invoices with bills of lading or approved requisitions ,that is fairly simple to show. just provide the supporting documents. If it is change orders or disputed work, it is more complicated. you will need professional assistance to respond.

0 people found this helpful

Helpful

Mar 11, 2021

Greetings. It appears you received a Demand to Foreclose, which usually has a 30-day deadline. Like the attorneys above stated, you must take it to an attorney near you for a more precise answer. Don't delay. Good luck.

0 people found this helpful

Helpful