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What do I do after I file a mechanics lien

I filled a lien as the main contractor what do I do now

2 replies

Jul 13, 2020

Hello!

Now you have to enforce the lien. Generally, this comes in the form of a lawsuit in the District Court of whatever county the property is in. You need to make sure you name the property owner as well as whoever didn't pay you if they are seperate people.

This is what I do. Feel free to reach out.

E. Aaron Cartwright III
214-789-1354
Aaron@EACLawyer.com

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Jul 14, 2020

Assuming you lien was properly preceded by notice and timely filed, the next step is to try to resolve the debt by negotiation. The property owner will want to get rid of the lien. Of course, the owner could try to bond out the line. Regardless, if you can't get payment after the line is filed, your alternative if negotiation does not work is to file a cause of action to make a formal court claim and to foreclose on the line. The statute of limitations provides a deadline on filing such an action. For residential projects, it is one year. for non-residential (commercial) projects it it can be one or two years. Of course, the statute of limitations on the claim itself aside from foreclosing on the line is four years if you have a contract. Bottom line is to not wait very long to take action.

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