We've filed a Mechanics Lien on a residential project. The client will not respond to any form of correspondence. I want to make sure we file to enforce the lien within the 90 days allowed. What does this typically cost and what documents will you need from me?
Greetings. You have 90 days after recording the lien to file a lien foreclosure action. That requires filing a lawsuit in the county where the lien is recorded. Record a lis pendens in connection with your lien foreclosure lawsuit. If you have the ability to serve a bonded stop payment notice, that could give you some additional remedies. You probably have rights under the terms of your subcontract to pursue in the same lawsuit. And if the client has lied to you, explore whether you have a valid fraud claim. That would require you to show that you did something in reliance upon the client's fraudulent statements or false promises.
It typically costs between $1000-2000 to file a lien foreclosure action depending upon the claims asserted and the complexity of the issues. Necessary documents are the lien, written contracts, preliminary notice, important correspondence. The real cost of the lien forclosure action is discovery and trial if the case doesn't settle fairly soon. Feel free to email at tjulander@ostergar.com if you have additional questions.