Prior to filing the Mechanic’s Lien Statement, you may be required to give a Pre-Lien Notice to the correct property owner via personal delivery or certified mail. This can be crucial to validating your mechanic’s lien rights. If no Pre-Lien Notice was served, your Mechanic’s Lien Statement may be considered invalid.
- Contractors must include the Pre-Lien Notice with their written contract. However, if only one spouse/owner signs the written contract that contains the Pre-Lien Notice, you should serve the other spouse/owner within 10 days of the contract date by certified mail.
- If a verbal contract is entered into, the contractor must serve the owner with the Pre-lien Notice within 10 days after the work is agreed upon.
- Subcontractors must serve all property owners with a Pre-Lien Notice within 45 days of the first day of work.
Next, the Mechanic’s Lien Statement must be filed within 120 days of the date the work is completed. Again, if this deadline is missed, the statement is invalid.
- To collect money owed, the lien holder must begin the foreclosure process by filing a lawsuit to foreclose on the property.
The lien holder who is successful on foreclosing upon their lien may recover their attorneys’ fees.