Home>Levelset Community>Legal Help>Should I take action after partial payment has been made after a notice of intent to lien?

Should I take action after partial payment has been made after a notice of intent to lien?

OklahomaNotice of Intent to Lien

We sent an intent to lien on a job in Oklahoma , they paid everything except 1 invoice for $1.067.00. What would be my next step should we send out a new payment reminder? Do we continue with the lien process? I am just not sure what my next step should be here.

1 reply

Mar 5, 2020

The decision on how to move forward can depend on timing, as well as other business factors. It's always good news for a potential lien claimant when a Notice of Intent to Lien results in payment, even if it wasn't for the full amount claimed. When there is additional money outstanding, an invoice or payment reminder can be sent, another NOI can be sent, or a lien may be filed. Progressing to filing a lien can be made more urgent when the lien deadline is getting closer. In Oklahoma, a lien claimant who has a direct contract with the property owner must file their lien within 4 months of last furnishing labor or materials to the project, and a sub-tier lien claimant must file within 90 days of their last furnishing. Once the deadline passes, the ability to file a valid and enforceable mechanics lien is extinguished, and the ability to secure the debt through a mechanic lien is lost. Whether a lien is the next step is a business decision, especially when the amount remaining unpaid is not excessive. But, if the opportunity to file a lien passes, it passes for good and other avenues for recovery (like a lawsuit, or collections) would need to be explored.

3 people found this helpful

Helpful