Is your outstanding invoice still unpaid? Have you considered placing a mechanic’s lien on a property to gain payment?
A mechanics lien can be lucrative for home sellers and contractors as one of the last bones of contention.
After all, the prospect of a lien means legal action can follow if you aren’t compensated for your services. But the whole process can still be a daunting ordeal to work through.
If you aren’t sure how to collect through a mechanics lien, read on to know more about how to collect on your unpaid invoice.
How Does a Mechanics Lien Work?
A mechanical lien is a legal claim that a contractor or subcontractor can file against a property owner to secure payment for work performed.
To collect on a mechanic’s lien, the claimant must first file a notice of lien with the county recorder’s office and serve a copy of the notice to the property owner.
Once the notice is out, the property owner has 30 days to pay the amount owed. If the claimant is successful in foreclosure, the property goes to auction, and the proceeds get used to pay off the lien.
Who Can File a Mechanics Lien?
If you’re owed money by a contractor, subcontractor, or supplier, you can file a mechanic’s lien on their property. This gives you a legal claim to the property, which can be used to collect the unpaid amount.
If you’re considering filing a mechanics lien, consulting with an experienced attorney is important to ensure that you take the proper steps and follow the correct procedures.
An attorney can help you with every step of the process. Check them out for more information about real estate law to help lienholders like you.
How to File Mechanic’s Lien?
Start by making sure you have a valid mechanic’s liens. This means that you must have provided services to the property owner, and they have failed to pay you for those services.
File the lien with the appropriate government office. In most cases, this will be the county recorder’s office. Once the lien is filed, you’ll need to notify the property owner that you have done so. This is done by serving them with a notice of the lien.
If the property owner doesn’t pay you after you’ve filed the lien, you can take steps to collect the money you’re owed. This may involve selling the property or foreclosing on it.
Leverage Your Way and Collect Your Due
If you’re a mechanic who’s performed work on a property but hasn’t been paid, you can file a mechanic’s lien. This gives you a legal claim to the property, which can force the owner to pay you.
To file a mechanics lien, you must first send the owner a “notice of intent to lien.” Then, if you still don’t receive payment, you can file the lien. Be sure to follow the proper legal procedures, as filing a mechanics lien is a complex process.
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