We sent the Notice of Intent to File on 10/21/22. Per the USPS tracking, it's been sitting in Denver and not delivered. Can we file the Mechanic's Lien if she has not received the Notice to File? She refused to give us her email address and flat out said she wasn't going to pay. I am worried that she will be selling soon, I know the home is currently for sale and I heard they have a contract that is pending.
Whether a notice is necessary and/or you have complied with the notice requirements is dependent on a number of facts. See K.S.A. 60-1103a and K.S.A. 60-1103b. You need to balance the cost of having an attorney review the matter verses filing a defective lien.