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lien information

if we file a materialsmen's lien what do we do next to get our money? What if the property owner files a notice of contest?

2 replies

Feb 19, 2020

Unless the filing of the mechanics lien itself results in payment, all mechanics liens must be enforced within a certain amount of time or they will expire and become unenforceable. In Georgia, all lien claimants must generally initiate the enforcement of the lien within 365 days from the date on which the lien was filed, and file a notice of commencement of lien action with the clerk of the superior court of the county in which the lien was filed, within 30 days after initiating the enforcement suit. However, if the property owner or other interested party files a Notice of Contest of Lien, the time period in which the claimant must initiate an enforcement action is shortened. When a Notice of Contest is filed, the claimant must file an enforcement lawsuit within 60 days of receipt of the Notice of Contest, and file a notice of commencement of lien action within30 days after that. Enforcing a mechanics lien requires filing a lawsuit, and accordingly the assistance of an attorney is required for business entity lien claimants, and best practice for individual claimants. If the deadline to enforce the lien expires prior to filing a foreclosure lawsuit, the lien claim is extinguished and is not longer enforceable or an encumbrance on the property.

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May 9, 2023

The next step is to file a lawsuit to have a material man's lien on a property enforced so that you can get paid. Depending on the state or jurisdiction where the property is located, there may be differences in the specific procedure for enforcing a lien ovo game

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