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Can I still sue in court even though i did not file a mechanics lien

New YorkMechanics Lien

I live in NY state upstate NY Onondaaga county and I performed some work on a house without filing a mechanics lien. about $10,000 is owed to me. Can i collect under quantum merit or some other route because I do have a contract in place and i was ordered to cease and desist from property. How do i get my money in small claims court if i never filed a lien

2 replies

Dec 12, 2021

You do not necessarily need a lien to file a lawsuit for breach of contract. A lien will just hold up any sales/loans/etc on the house in question.

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Dec 13, 2021
You need not file a lien to sue for breach of contract or QM or unjust enrichment. However, without a lien, you cannot file a lis pendens to cloud title.
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