We filed a lien for non payment against a property. It is about expire. What is our next step to try to get our money.
1 reply
Feb 5, 2020
The deadline to enforce a West Virginia mechanics lien, under W. Va. Code §38-2-34, is exactly 6 months from when the lien was filed. If the deadline is approaching and you have yet to receive payment, there is one more step you can take. Sending a Notice of Intent to Foreclose. This isn't a required document, but it acts as a final warning letter; stating that if payment isn't received in x amount of days then you are willing and able to enforce your rights in court. An NOI is typically enough to induce payment.
If, however, payment isn't forthcoming, then it may be time to file an enforcement/foreclosure action. Keep in mind, this is a full lawsuit, so depending on the amount in controversy you may want to consider whether a foreclosure action is worth it, particularly because WV courts do not award attorney fees to the prevailing party in a foreclosure action.
But, if it is, then we recommend you contact a local attorney to help guide you through the process. A good place to start your search would be the WV State Bar Assoc. Referral Service, or Avvo.com.
Good luck!