In the state of Nevada, a mechanic's lien must be placed 90 days after the last shipment if they have not paid. What if a customer pays on day 90 , the check gets returned for NSF (or whatever reason) - are my lien rights still enforceable?
1 reply
May 24, 2018
That's a great question. Unfortunately for claimants, mechanics lien deadlines are very strict and very black and white. Thus, once a lien deadline has passed, it has passed - regardless of the circumstances surrounding why the deadline was missed. In situations like the one described above, this can result in harsh outcomes which are ultimately pretty unfair to potential claimants. To avoid that situation, it's important to remain proactive and stay ahead of lien deadlines. In the event that the deadline to lien has been missed, that doesn't mean all hope is lost. Other methods for recovery will still be available - such as sending a Notice of Intent to Lien, sending a Demand for Payment (which can be extra effective when that demand contains specific legal threats and comes from an attorney), or ultimately filing a lawsuit or going to small claims court. While a mechanics lien is typically the best option available to a claimant, the backup options can be effective, too.