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We filed lien still no payment

CaliforniaConstruction Contract

Hello Now what , field a lien, still no payment Now what? No response

4 replies

Jan 13, 2022

Assuming everything went well with the lien filing and you met all the prerequisites, you have to file a lawsuit within 90 days of the lien filing to foreclose it. Otherwise, it will become void.

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Jan 13, 2022
will the party have to reimburse attorneys fees and interest? The attorney fees alone could eat up what is owed
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Jan 13, 2022
will the party have to reimburse attorneys fees and interest? The attorney fees alone could eat up what is owed
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Jan 13, 2022

It depends on what is in your contract. If your contract has a clause awarding attorney's fees to the prevailing party, then you can recover them; if it does not, then you're on the hook for the cost of the litigation. You should keep in mind that if you don't file suit within 90 days, the lien will expire and you will have no real leverage to recover what you are owed. I would recommend at least consulting with an attorney to discuss your options and the costs of litigation.  

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