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Home>Levelset Community>Legal Help>Can a contractor foreclose on a Mechanics lien without council? Cost to send a leter from a firm" Iintent to forclose"

Can a contractor foreclose on a Mechanics lien without council? Cost to send a leter from a firm" Iintent to forclose"

ConnecticutMechanics Lien

I am a licensed HVACR Connecticut Contractor.9 months ago I placed a mechanical lien on a property. Materials and labor were supplied to a (supposed) friend of 17+years where as a boiler, gas piping and hot water system were installed in his girlfriends home, Subsequently she became his wife. When the now husband was presented with a already discounted bill he refused to pay. We have spoken several times and he has made me offers for less than what the material cost me, this was unacceptable and only after I filed suit against him, his girlfriend and her father did he reach out to me to settle. I filed two small claim suits as the amount was greater than $5,000.00. I withdrew the suit as enforcement (Foreclosure) of the mechanics lien in place may wake him up and entice him pay. It is not worth the expense to litigate in superior court as the cost to defend my position could exceed the amount owed with no guarantee my collection efforts( Legal fees) will be compensated for.

2 replies

Jun 6, 2022
You certainly can represent yourself in Connecticut Superior Court and this is not limited to Small Claims or Housing Court. Go to: https://jud.ct.gov/faq/represent.html for more information. As recommended on this Webpage, it might be prudent for you to first consult with a lawyer to assess your case and options. By the way, in Small Claims Court, you would not be allowed to aggregate your two $5,000 claims for the same indebtedness. If you had your day in Small Claims Court, one of your lawsuits would have been dismissed at the outset. Good luck.
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Aug 1, 2022
While you may represent yourself individually, only an attorney can represent a company in CT Superior Court. The foreclosure of a lien can be tricky- you need to have a title search performed and name as a defendant any other party whose encumbrance is subsequent in priority to your lien. You also need to file a lis pendens on the land records, indicating that the property is being foreclosed. I would recommend retaining an attorney.
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