Home>Levelset Community>Legal Help>We placed a preliminary and then filed a lien on a property in Hope's to get paid. The owner paid the contractor, but the contractor did not pay us a dime yet. What is our next step to be able to get paid?
We placed a preliminary and then filed a lien on a property in Hope's to get paid. The owner paid the contractor, but the contractor did not pay us a dime yet. What is our next step to be able to get paid?
We are a subcontractor that did cabinet work for a dental office and did not get paid. The contractor kept telling us, he was getting money, but we haven't seen a dime. Now he wont answer calls.
1 reply
Nov 14, 2018
I'm sorry to hear you've gone unpaid! When a mechanics lien has been filed but remains unpaid, often, the next step is seen as enforcing the lien - which means filing a lawsuit. However, in Georgia, claimants have 365 days to enforce their lien. That means claimants have a year to negotiate the dispute and push for a resolution before a lawsuit becomes necessary. Further, adding another step - sending a Notice of Intent to Foreclose - can help, too. A Notice of Intent to Foreclose informs recipients (typically the nonpaying customer and the property owner, along with any other up-the-chain parties present) that the lien claimant is serious about payment and isn't afraid to file suit, if necessary. This helps put extra pressure on the nonpaying party since the property owner will also be pushing the customer to make payment. Of course, if that's ineffective or not a desirable option, consulting with a local construction attorney could be a valuable step. They'll be able to review the relevant documentation and other information and advise on how to proceed. Plus, if a lien enforcement action does become necessary, a lawyer will likely be needed to enforce the claim.