I have a lien on a residential property the customer filed a contest of lien. What do I have to do now and how long do I have to do it before the lien is no longer any good? Can I file a suit in small claims court?
Once you receive a notice of lien contest, you have 60 days to bring an action on your claim. This is a much shortened period from the normal deadline of 365 days after the date the lien was recorded.
I would recommend filing a Complaint to recover your debt and establish your lien in either State or Superior Court, not Magistrate (small claims) Court.
In order to collect on a validly recorded lien, you have to "perfect" it. To do this, you must file suit against thge party with whom you contracted. If you are a subcontractor, this means you must file the lawsuit against the contractor that hired you. The lawsuit must be filed within 1 year of filing the lien, and when you file the lawsuit you must also file in the deed records of the county where the lien is located a notice of suit (even if it's the same county). Be careful because the lien laws are very strict. The slightest slip up may jeopardize your lien.
You can file in small claims court, but only where your claim does not exceed $15,000.