my husband is an architect who has not been paid. we are within the 90 days to file in Bibb county Georgia. We understand the owner needs to be notified within 2 day of filing. If we file a mechanics lien are we then forced in Georgia to file a lawsuit automatically and can not represent ourselves in small claims court? What happens if the owner contest the lien. Is that a court case with potential for high legal cost? In other word what are our risk for high legal cost which would likely exceed the value of the claim. Can we just file it to see if the owner will pay and do no more?
Bottom line: Yes, you can file the lien and do no more initially.
Explanation: In Georgia, you send (via certified mail) a copy of the Claim of Lien to the owner within two days of filing the Claim of Lien. You have 365 days from the date of filing the Claim of Lien to file the lawsuit (unless the Owner or GC sends a Notice of Contest, in which case the lawsuit must be filed with 60 days of receiving the Notice of Contest). An individual can always represent himself or herself (I don't recommend it) in a lawsuit, and an employee or owner can represent a business only in magistrate court (small claims court) (again, I don't recommend this either). A business must be represented by an attorney in state and superior court.