Home>Levelset Community>Legal Help>We are filing a lien today on an overdue invoice. What is the deadline for the customer to pay and how soon can we take legal action?
We are filing a lien today on an overdue invoice. What is the deadline for the customer to pay and how soon can we take legal action?
Customer hired our company to remodel his gym, and has an outstanding balance and keeps delaying the payment. The first and last invoice was paid by his finance company. He still owes the second invoice of close to $40,000.00
1 reply
Oct 17, 2017
Provided the claimant has completed the requirements for a valid an enforceable mechanics lien, including sending an applicable preliminary notice, and meeting the timing, form, and service requirements for the mechanics lien itself - there is no limit to how soon an enforcement/foreclosure action may be initiated.
However, while there is no "waiting period" after filing the lien in which a lawsuit to enforce may not be filed, there is a strict deadline by which an enforcement/foreclosure action must be initiated, or the lien will expire. An action to enforce an Arizona mechanics lien must be initiated within 6 months after the lien was recorded.
Accordingly, a lawsuit for the enforcement of the mechanics lien (foreclosure) may be initiated at any time after the lien was filed and before 6 months have elapsed from the lien filing date.