We would like to move forward with foreclosure or whatever the next step is as he has stated he’s not going to pay and he thinks were chumps. Extremely hostile.
Feb 14, 2019
I'm sorry to hear about your situation - nothing's more frustrating than a customer refusing to pay what you've earned. Once a mechanics lien has been filed, often, claimants see the next step as having to enforce the filed lien. However, adding an additional step might be helpful before filing a lien enforcement lawsuit. Many claimants find that sending a warning document - a Notice of Intent to Foreclose - helps to get the payment talks going. That document states that, if payment isn't made and made soon, then the lien will be enforced. Considering the potential outcomes of a lien enforcement lawsuit, many owners will pay closer attention if they think a lawsuit is on the horizon. However, if warnings and threats aren't enough, enforcing a mechanics lien might become necessary in order to get paid - and that requires filing a lawsuit (which typically also means hiring an attorney). Of course the deadline to enforce a filed mechanics lien will be 90 days from the date the lien was filed. After that, the mechanics lien will no longer be enforceable - and some other method of payment recovery may become necessary. For more information on California liens and their deadlines, this resource should be valuable: California Lien & Notice FAQs.
Post a question in our community to get free advice from Construction Attorneys in your state, typically within a week. Questions are public, so do not share personal information. For extra privacy, select the anonymous option.