We filed a lien on one of our projects -- what is the next step? Do I get with a lawyer ?
4 replies
Jun 4, 2020
Hello!
If you want to enforce your lien, you will need to file suit in the county in which the property is located.
Consulting an attorney is a good idea as they will be able to review all the documents and events and tell you how they can move forward. They will also be able to evaluate the extent and limitations of what you can ask the court for. For instance, if you have a husband and wife as owner's of a property and only the husband signed your contract and you only liened against the husband's interest in the property, you cannot foreclose so you would only have breach of contract related causes of action available to you.
E. Aaron Cartwright III
Aaron@EACLawyer.com
214-789-1354
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Jun 4, 2020
Greetings.
If you are not being paid and have a valid, properly noticed and recorded lien and claim, you would need to consult an attorney to enforce your rights.
Even if you have properly recorded the lien/sent all notices, you have a limited period of time to act (sometimes as little as 1 year after you’re required to record the affidavit), so time is of the essence.
Give me a call if you want to discuss the issue.
Please note that this email does not, and is not intended to, constitute legal advice or create an attorney-client relationship; instead, all information and content in this email is for general informational purposes only.
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Jun 6, 2020
Yes, I would contact a lawyer. Our firm handles these types of issues.
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Jun 6, 2020
Mechanics and Material Men’s Liens are a special area and not my area. I have experience in construction defect and construction injury cases.