Home>Levelset Community>Legal Help>The lien that I filed, seems to be taken very lightly as if they have some defense. So my question is what defense or offensive move can be made against me as the claimer.
The lien that I filed, seems to be taken very lightly as if they have some defense. So my question is what defense or offensive move can be made against me as the claimer.
No response to notice of intent or the lien statement.
1 reply
Jul 6, 2018
I'm sorry to hear that you've not yet been paid. While sending a Notice of Intent to Lien is often enough to enforce payment, and while filing a lien typically results in the quick resolution of the dispute, there are a number of cases where further action is needed. Sometimes, a property owner will attempt to merely wait out a lien claim. That is, because there is a strict lien enforcement deadline, some owners will sit back and sort of dare or play chicken with a lien claimant. In these situations, owners will assume that the lien will just "go away" because the claimant won't enforce the lien. In a situation where a lien has been filed, but the claimant is not yet prepared to enforce their lien, a document like a Notice of Intent to Foreclose can be a lot of help. A Notice of Intent to Foreclose acts like a warning shot - it states that if the owner ignores this notice, the lien claimant will enforce their lien, and that the owner could potentially lose their property as a result. Because the outcomes could be so drastic, owners tend to pay attention when they receive a Notice of Intent to Foreclose. However, sometimes an owner just won't budge until the claim officially reaches the court system. As unfortunate as it is, the enforcement of a lien claim may become necessary to recover unpaid amounts. A lien enforcement action is an actual lawsuit - meaning, it will likely be time to hire an attorney. For more on lien enforcement actions: What is "Enforcing" a Mechanics Lien?