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When Can an Attorney Be Contacted to Protect Lien Rights

When it comes to being paid for a construction project, it's important that you have the services of an attorney. However, even an attorney isn't allowed to break the chain of command during specific processes during the lien process.

Assuming that all the proper measures have been followed and the right paperwork has been filed, an attorney may step in to attempt to rectify the situation. This article will discuss the specifics regarding when your attorney can step in and protect lien rights.

The Process

When any contractor files a mechanics' lien, it means that the contractor is claiming that payment is due and services are unpaid. In the worst case, the contractor can attempt to collect the debt by forcing the sale of the property in question.

A mechanic's lien is an item of statute. The basic idea behind them is straight forward. The contractor or builder must have protection against any refusal to pay for services rendered. However, the exact process that this happens changes based on the state.

Every state has its own lien system on the books. Details may vary slightly, and the length of time available to file them may change as well. The typical window is anywhere from 45 to 90 days.

Did the Contractor File a Valid Lien?

To establish the lien from the beginning, the contractor must comply with the state's laws and requirements regarding the process. This lien must include a certain amount of detail regarding the debt.

Having enough background information, including the amount, types of services, and the property 's information (name, address, etc.) , is critical to make the notice valid. According to law, each lien must also be filed with the local courts or clerk's office within the specified number of days.

When to Contract Your Attorney

The contractor must file to begin a lawsuit to collect the money within a certain period of days after filing the lien. It's important to note that if any of the conditions above are not met, the lien isn't valid.

You can check this information yourself. However, if you decide that the process must be taken to court, you must contact your lawyer and have them review it for you.

Once things reach the court level, it's critical to be aware of the fact that everything was filed properly. Any misstep can ruin your chances of being paid for the work you've done.

Basically, this is how the process plays out:

  • First, send the proper paperwork and file it with the courts
  • This must be done within the specified amount of time
  • Once it's decided everything is filled out properly and the courts have accepted the paperwork you've filed, the individual who owes the money has a certain amount of time to respond and pay.

  • If they don't respond within the allotted period of time, your attorney may get involved. Once it's been decided that the respondent isn't going to reply, then, and only then, can your attorney get involved. Nationwide Notice can help construction companies by assisting with lien laws and related documents, according to their state's requirements.

    Consider how Nationwide Notice, Inc. can help you streamline processes like filing a lien. We prioritize assisting our clients to secure their payments as a self and full-service notice and lien company. We have a team of dedicated lien experts ready to help you through the entire lien process. You can learn more about what we do here to see how we can help. You can also find out what sets us apart from the rest on this page. Get started with us today and secure your payments.

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