Customer did not want to for all my time on his site
1 reply
Jan 29, 2019
I'm sorry to hear you've gone unpaid - nothing is more frustrating than when someone refuses to pay you what you've earned. When a mechanics lien has been filed but remains unpaid, there are still two major cards to play in relation to the lien, and many other potential tools for recovery as well. One option could be to send a threat demanding payment of the lien, leveraging the ability to enforce the lien via lawsuit. Nobody likes liens, but everyone really hates dealing with a lawsuit. Plus, considering the drastic nature of mechanics liens, many owners will prefer to resolve the matter before it makes its way to the courtroom. You can learn about that option here: What is a Notice of Intent to Foreclose? While that can certainly be an effective tool for recovery, the real strong point of mechanics liens is the ability to enforce or foreclose that lien. When a lien is enforced, (1) the matter goes to the courtroom, and it can be hard for an owner or customer to avoid liability based on a properly filed lien; and (2) it could potentially result in the sale of the project property. Thus, when a lien enforcement suit is filed, often, the other side will be eager to settle the matter. But, even if they aren't, seeing a lien enforcement suit all the way through can still result in payment. Finally, if the mechanics lien process hasn't been fruitful, there may be some other options for payment. For one, sending a demand letter coupled with specific legal threats - like actions based on breach of contract, unjust enrichment, or the Georgia prompt payment laws - can be effective, especially when sent through an attorney. Further, depending on the sums involved, Georgia small claims court could be a recovery option. And lastly, looking to traditional litigation can always help to compel payment - plus, if a lien enforcement suit is brought, other claims may be brought, as well. Before taking legal action, though, it would be wise to consult a local construction attorney - they will be able to review the circumstances in detail and provide advice on how best to proceed.