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How do we continue to collect after filing a mechanics lien?

California

We have filed a mechanics lien against a project we worked on in San Bernardino County. The owner has no intentions of paying what we are owed. What are our next steps? How do we move forward trying to collect against the lien? Do we need an attoryney? Thank you for your help, Patty-Soholt & Company Landscape, Inc

4 replies

Aug 24, 2021

You'll need to hire a construction attorney to help you with that. But, you need to file a lawsuit with 90 days of recording the lien. You'll probably at the same time sue them for breach of contract. 

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Aug 24, 2021
Thank you for your response- Can attorney fees and court cost be added to the amount we are owed over and above the lien amount?
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Aug 24, 2021

Not for the lien forclosure per se, but potentially for the breach of contract claim if your contract has a fees clause. But, you can add interest. 

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Sep 3, 2021
Your mechanic’s lien will expire after 90 days unless you file a lawsuit to foreclose the lien within that 90 day period. You will need an attorney to help you with this. You need to weigh the cost of the lawsuit and attorney’s fees against how much money you’re owed. It may not make good financial sense to sue for a small amount of money. I’m happy to answer any questions you have about this.
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