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Mechanic's Lien is being ignored by homeowner

I have received a partial payment from a property own. His son initially reached out to my company and set up the job. All documents required by MN were sent by the deadline(s). It was an emergency after a storm with an insurance payment. We were short payed by 30%. All attempts to settle were made prior to the mechanic's lien being filed. The customer still refuses to pay the balance owned. I would like to pursue this with a lien foreclosure. What are my next steps and can I (as a company) do this myself or does MN require a lawyer to file?

1 reply

Jun 17, 2022

I have to assume from the question that the contractor prepared the mechanics’ lien or hired a non-attorney mechanics’ lien mill to prepare it. If the homeowner is ignoring the mechanics’ lien, foreclosing is the next step. There are specific time limits to filing the foreclosure and requirements that must be met when recording a mechanics’ lien. The contractor needs to contact an attorney familiar with mechanics’ liens in Minnesota to confirm the mechanics’ lien rights were preserved, the mechanics’ lien statement was properly prepared and timely served, and to begin the foreclosure process assuming the time to do so has not expired. A contractor is not able to start a foreclosure action without using a Minnesota-licensed attorney.

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