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Am I still able to place a lien

ArizonaLien Priority

Hello, I started a job and completed it on March 17 and sent the invoice on the 18th. Was taking a long time getting paid and someone told me about a mechanics lien so I found you guys and started the process. The preliminary notice was sent on April 7th which is 21 days after completion but 20 days from sending the invoice. Notice of intent to lien was sent on May 12th and with all this sent, I am still being ignored by the general contractor. Am I out of luck with filing a lien since I live in Arizona and he knows it which is why he’s ignoring me? I really don’t want to deal with going to small claims court for $1100 and would rather lien the property so they put pressure on him to pay me. Is small claims court my only option now or can I still go forward with placing a lien? Thank you

2 replies

May 17, 2022
Your preliminary 20-day notice will secure lien rights for work performed 20 days before the notice was mailed and thereafter. So money owed for work done from March 18 forward can be secured by a mechanic's lien. The preliminary notice needs to comply with the statute. Keep in mind, you have six months after the lien is recorded to file suit to foreclose the lien. So just because you record a mechanic's lien does not mean you avoid taking the person to court. If you wait longer than six months to foreclose you will lose the lien anyway. For $1,100, it may not be worth the trouble.
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May 18, 2022
I agree with Joseph's assessment, the cost of recording the lien and bringing a lawsuit will well exceed the dollar amount you are pursuing. Small claims is probably your best option or offer to accept a percentage of what the client owes you.
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