My Apologies, I thought you could see the my info that I filed through levelset. I filed a mechanic's lien back in October of 2019 for non-payment. It wasn't until I saw a For lease sign on the space in late January early February, that I called levelset to see what I could do. Thats when I was told that my lien had expired and that I could not refile it.
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May 2, 2020
You have 90 days after recording a mechanic's lien to file a lawsuit to enforce your lien rights. So, if you recorded a lien in October of 2019 (assuming by "filed" you mean "recorded"), your time to file a lawsuit to foreclose on a mechanic's lien has come and gone. But, you may still have time if the job only recently was completed because "completion" does not relate to just your scope of work but it relates to the project as a whole. That is, so long as the entire job has not been complete for more than 30 days after the recording of a Notice of Completion, or 90 days after completion, if no Notice of Completion was recorded, you can file another lien. Long story short, is the project complete – entirely complete, not just your work – and, if so, for how long? That all said, if you have no lien rights, you can still sue on your written or oral contract, but there are statutes of limitations relating to contracts, too, so don't wait too long. If you are considering legal action, I would be glad to discuss with you over the phone. Thanks, Andrew
Carlton & Alberola and/or Andrew Carlton have not been retained by the recipient of the above comment and, moreover, the above comment does not create an attorney-client relationship. The above is general commentary based on limited and insufficient information. If you wish to obtain legal advice, please contact Andrew Carlton at 949-954-6666 x101, or by email at andrew@cnalawfirm.com.
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May 2, 2020
The lien recorded October 7th, 2019. I was waiting for a progress payment that was due in Jun. We stopped work in August. The job was 80% complete. I was trying my best to work it out with the customer but kept getting excuses one after another. Even corporate was involved and new the entire situation and did nothing about it. The job basically sat unfinished. Landlord was put on notice as well when lien was recorded.
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May 2, 2020
I was trying to play the lawsuit scenario out. Technically my client was his LLC. It's obvious that He, himself had no assets.. so I was thinking, even if I tried to file a lawsuit, I would be losing more money going after nothing. I mean I could be wrong, but it was a hard pill to swallow already.
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May 2, 2020
If you would like to discuss, call me on Monday: 949 954 6666 x101. Thanks