We build and delivered equipment to the Jesse Creek Prep Plant in Alabama on 01/02/19 and 03/14/19.
We filed a mechanics lien and now we want to foreclose. We would like to know our next steps and the costs.
1 reply
Jul 12, 2019
In every state, once a mechanics lien is file an enforcement action must be initiated by a set deadline or the mechanics lien will be extinguished and will no longer be enforceable. In Alabama, an action to enforce a mechanics lien must be initiated within 6 months of the date on which the debt becomes due, which is defined as the date on which the lien claimant last item of work or labor has been performed. Accordingly, is work was last performed in March, the lien enforcement action must be initiated by the corresponding date in September.
A lien enforcement action is a foreclosure action, and as such, is a full-blown lawsuit. The suit may be brought in the circuit court having jurisdiction in the county in which the property is situated. While an individual lien claimant can technically represent him/herself that is not a good idea, and corporations, LLCs, or other entities are prohibited from self-representation and must enlist the assistance of a lawyer.
The action is initiated by filing a complaint and summons, which contains certain information, such as a description of the property on which the lien is claimed, and an allegation of the facts necessary to entitle the plaintiff to the lien and the enforcement thereof. Every party with an interest in the matter in controversy, or in the property charged with the lien, should be named as a party to the lawsuit. After initial commencement, an enforcement action proceeds like any other civil lawsuit.
The costs associated with the action include court filing fees, other fees associated with the prosecution of a lawsuit, and attorneys' fees. Attorneys fees can vary widely, so it is good to do some research and talk with a few lawyers. In some cases, a lawyer may be found who would take a lien enforcement case on a contingent fee basis, which means that the lawyer wouldn't be paid until the conclusion of the case, and would be compensated form the money recovered. You can find Alabama construction attorneys here.