Hello, we sent a Lein document to the customer, Zarate. They have already begun to deny sending full payment, what do I need to do next?
1 reply
Feb 18, 2020
The act of filing a lien is not necessarily the end of the road for a lien claimant. Once a mechanics lien is filed, it must be enforced within a certain amount of time or the lien will expire and become unenforceable.
In Arizona, an action to enforce a lien must be initiated within 6 months from the date on which it was filed. An action to enforce a lien is a foreclosure lawsuit, and requires the same things any other lawsuit requires. Through an enforcement lawsuit, a lien claimant with a good lien claim (they did the work, they were unpaid, all the rules and requirements related to notices and lien claims were complied with) can force the sale of the improved property in order to satisfy the debt.
In order to provide the property owner notice of the potential consequences, a Notice of Intent to foreclose can be sent, here; or, any other demand letter can be sent. Once a foreclosure lawsuit is imminent, an attorney should be retained to help prepare and prosecute the lawsuit.