I am NOT licensed bonded or insured.... I did some work for my uncle on his property in Wyoming, (I live in Idaho) = wrote down my hours - he wrote me a check - then cancelled the check and it bounced. I'm wondering which I should do first = Hire an attorney to sue him for fraud or file a lien on his property. I have already had the preliminary notice and the intent to file a lien documents sent.... the 20 day waiting period has passed. Please advise. P.S. I intend for him to pay all costs of pursuing this. Thank you for your consideration, Sincerely, Greg Wozniak 208-284-7038
Generally speaking, hiring a lawyer and immediately jumping to litigation might be a little more aggressive than necessary, at least to start. When unpaid for construction work, filing a mechanics lien provides an opportunity to recover payment without necessarily having to hire an attorney or resort to litigation. Levelset discusses how mechanics liens force payment here: How Do Mechanics Liens Work? 17 Ways a Lien Gets You Paid. Note also that it doesn't appear that contractors need to be licensed in order to pursue a mechanics lien in Wyoming. But confirming that with a WY construction lawyer could be helpful.
With that being said, working with a lawyer to collect payment can be a very effective route as well. Plus, they'll be able to give you specific legal advice tailored directly to your situation. And, they can intervene without necessarily filing a lawsuit, as well. Sending demand letters via attorney can be an effective way about recovering payment. More on demand letters here: Construction Demand Letters – How To Write One That Gets You Paid.
Also, note that if you do decide to pursue a mechanics lien, you could also proceed with a fraud claim as well, if appropriate. Using a lien claim won't stop you from also pursuing other routes of recovery as well.
If you'd like to talk to a Wyoming construction lawyer to discuss potential paths forward for recovering payment, here's a directory that should be useful: Top Wyoming Construction Lawyers.