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Can we file a mechanics lien if we didn't submit preliminary notice in Wyoming?

A customer requested service, and purchased a camera from us. We helped with the installation of a large pole, and mounted the camera to the top of it. The work was completed in May of 2019, but was just closed and billed in October of 2019 due to trying to contact the customer for further work he wanted done, and the number eventually being disconnected. They now have a $4,000 invoice that is going to be going to collections. We only file preliminary liens on jobs that come from our salesmen over $10,000. Where this was a service call, no preliminary lien would've been filed, are we able to take any action on this property?

2 replies

Feb 26, 2020

Wyoming's mechanics lien laws are a bit more relaxed than some other states, at least in terms of notice requirements and deadlines. However, there's a limit to this flexibility.

Wyoming mechanics lien deadline

First and foremost: the deadline to file a Wyoming mechanics lien is 150 days after last furnishing labor or materials to the project, or 150 days after substantial completion - whichever is eariler. The lien deadline does not factor in the project's billing date. And, if the 150 days comes and goes before a lien is filed, then a mechanics lien filed afterward would likely be invalid and unenforceable due to the missed deadline.

Wyoming notice requirements

Wyoming requires all project participants to send notice to preserve lien rights. But, while direct contractors must provide notice, the notice must just be given before payment is made from the owner. So, if the owner has never made payment, then there may still be time to send notice if you were hired directly by the project owner. Though, if hired by someone other than the owner, the deadline for sending notice is 30 days after first furnishing labor or materials to the job. More on those notice requirements here: Wyoming Preliminary Notice Guide and FAQs. Additionally, all Wyoming mechanics lien claimants must send Notice of Intent to Lien in order to preserve their lien rights. And, this notice must be sent at least 20 days before filing a Wyoming lien. To be sure, this won't extend the deadline for filing a mechanics lien - so, it takes some planning to ensure there's time to send the NOI prior to filing a lien. Further discussion here: Wyoming Notice of Intent FAQs & Guide.

Even if a mechanics lien isn't available, other options could help with recovery

Mechanics liens are hardly the only recovery tool that can help to get paid. As you mentioned above, sending a debt to collections could help. Further, pursuing legal action like a breach of contract claim might be helpful, too. Plus, the mere threat of legal claims (via a payment demand letter) might be enough to get payment talks moving. Finally, keep in mind that debts under $5,000 can be pursued in small claims court, so that might be an option for streamlining the legal process, too.

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Feb 26, 2020

Thank you so much, that helps a LOT!

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