I’ve Been Served A Mechanic’s Lien – What’s Next?
Mechanic’s liens filed against residential and commercial properties cannot be ignored and require immediate action. Homeowners often ask if a mechanic’s lien will cause them to lose their home. Although foreclosure and subsequent removal from occupancy is a somewhat rare occurrence, it can and does happen. Even if an owner is able to retain the underlying property, the consequences flowing from mechanic’s liens can grow more expensive the longer one waits to address the issue. Therefore, It is best to contact a lawyer immediately to begin resolving the lien.
What To Do If You’ve Been Served With A Mechanic’s Lien
If a mechanic’s lien has been recorded against your property, it is a pretty safe bet that a lawsuit will shortly follow. The sooner an attorney is brought on board to handle the matter, the better, because it will prove much more difficult to resolve the case the longer it drags on as the other party will want compensation for their attorneys fees, which can quickly grow out of hand. Most contractors are required to retain legal counsel to prosecute their claim, so it is not advisable for a property owner to try and defend the claim without legal assistance because it would be foolhardy to go up against the knowledge and experience of a construction law attorney.
Once litigation begins and depending on the circumstances of the case, your attorney may be able to effectively argue that proper pre-lien notice was not provided or that the mechanic’s lien statement was improperly filed and served. An experienced attorney will be able to parse through the details and formulate an effective defense uniquely tailored to the specific facts of your case.
Schedule A Free Consultation Today
Attorney Chad Kelsch has represented both property owners and contractors in mechanic’s lien disputes. He understands the complex filing process and the details to investigate in order to find grounds for an effective defense. If a mechanic’s lien has been recorded against your property, you can reach Chad at 763-398-1676 or fill out the firm’s online form to set up a free consultation.