I filed a lien on a $9,400 new construction paint job. I called an attorney for his thoughts on enforcing the lien. He said for that amount to enforce the lien is not worth it because it would cost about $9,400 in lawyer fees. Is this true? Can I enforce the lien myself?
Yes, it could easily cost $9,400 or more in attorney fees to enforce the lien because to do so requires preparing and filing a complaint, which could cost a few thousand dollars by itself, and then pursuing a lawsuit either to a settlement or a judgment. Also, Maine law does not allow the inclusion of attorney fees in the amount of the lien claim. That said, there may be other claims you could bring that could potentially allow you to collect your attorney fees. For example, did you have a written contract with the other party and, if so, does it provide for your ability to collect your attorney fees in the event of default? Finally, if you are able to sue as an individual or a sole proprietorship, then yes, you can enforce the lien yourself by filing a complaint and taking the other necessary steps. If you did the work under the name of an entity, such as a corporation or an LLC, then likely no, because Maine law generally provides that an entity must be represented by an attorney to appear in court and file a complaint (with some limited exceptions). If you do not timely file a complaint, then you will lose the ability to enforce your lien, which cannot be restored after the fact. This is a complex area, so I would recommend engaging an experienced attorney to help you.
The cost of enforcing a lien can vary depending on several factors, including the jurisdiction, the complexity of the case, and the specific circumstances involved. It is possible that the attorney you consulted with estimated that the cost of enforcing the lien, including legal fees, would be roughly equivalent to the amount of the lien itself. only up
Enforcing a lien typically involves legal procedures, which can be complex and time-consuming. It may involve filing a lawsuit, attending court hearings, and potentially engaging in negotiations or settlement discussions. All of these steps can accrue legal fees.
In some cases, the cost of pursuing legal action to enforce a lien may outweigh the potential recovery. This is why your attorney may have advised against pursuing the lien for the $9,400 in this particular situation. However, it's important to note that the specifics of your case, local laws, and the attorney's assessment can all impact the advice given.
If you're considering enforcing the lien yourself, it's crucial to familiarize yourself with the relevant laws and procedures in your jurisdiction. Keep in mind that legal processes can be complex, and it may be challenging to navigate them effectively without professional legal assistance.