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What options do we have if our lien enforcement period expired before we were able to file suit and collect payment

CaliforniaLawsuitLien DeadlinesPayment Disputes

We acquired a lien from you company back in April but were unable to contact our debtor to file suit within the 90 days required in our state of California. What would be our next step to try and acquire payment and what fees would be associated with it?

1 reply

Oct 31, 2017
In California, it is required that a mechanics lien be enforced within 90 days from the date on which the lien was recorded. If this 90-day period passes without an action being commenced to enforce the lien, the lien expires. In this circumstance, the protection and security provided by the lien is extinguished, but that doesn't mean all avenues to recovery are cut off. A lawsuit, whether for breach of contract or some other cause of action, could still be initiated well past the lien expiration deadline, and can result in recovery as well. The fees for representation depend on the lawyer you obtain, and whether s/he takes the case on a contingency fee basis.
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