I paid for a mechanics lien against a woman who didn;t pay me I had it sent to her addres only to find out s doesent get her mail there but at a po box in the next town---has she been served
2 replies
Apr 30, 2019
That's a good question, and New York can be particularly tough about sending notice of a filed lien claim. First, it's worth noting that notice of the lien filing must be made within 5 days before, or 30 days after filing the notice of the lien. If notice is made outside of this timeframe, the lien itself may be rendered invalid. So, if there's a question as to whether notice is valid and the notice must be resent, it's generally a good idea to get that matter resolved sooner than later. Regarding exactly where notice must be sent, New York's lien statute provides a number of options under § 11. It states that notice to a natural person may be made: (a) by delivering the same to him personally, or if the owner cannot be found, to his agent or attorney, or (b) by leaving it at his last known place of residence in the city or town in which the real property or some part thereof is situated, with a person of suitable age and discretion, or (c) by registered or certified mail addressed to his last known place of residence, or (d) if such owner has no such residence in such city or town, or cannot be found, and he has no agent or attorney, by affixing a copy thereof conspicuously on such property, between the hours of nine o’clock in the forenoon and four o’clock in the afternoon..." So, when notice was properly mailed to the last known residence, according to the New York mechanics lien statute, that service is effective to put the property owner on notice of the filed lien claim. Note, of course, that it's generally a good idea to be sure that the owner of the liened property is fully aware of the lien that's been filed on the property - without their understanding that a lien was filed, it will be hard for a claimant to actually obtain the payment secured by the lien claim. For more on New York lien requirements, this resource should be helpful: New York Mechanics Lien Overview and Statutes.