January 18, 2013

Mechanics Lien - Getting the Right Pay that Your Service Truly Deserves

When a client fails to pay the services rendered by a business despite all the efforts done by the owner, a mechanic lien can be filed. This will allow the owner to claim the right amount for their services in accordance with the law. This can be filed with the local registrar’s office, civil court and other government organization that hold property record. This can be filed by the service provider to ensure that the property which is attached to a lien cannot be sold to anyone.

How to Get Your Service Paid
Most service providers that often file a mechanic lien are electricians, painter, landscaper, mechanics, plumber and any other businesses that provide services to a property owned by the client. If the owner wants to sell the property where a lien form is attached, they are required to pay the balance owed to the service provider. To ensure that you will get paid for the services and mechanics lien form that you have filed is accepted by the law consider the following:

• Visit your local jurisdiction and inform them about the situation that your business is involved.
• Know the rules involve in filing a mechanic lien.
• Notify the concerned party or the owner of the property about your intentions.
• Mechanic lien forms can be given free in your local court and there are also other options of obtaining it and other legal forms online. Make a research on the different sources of useful related information as well.
• Be aware of that this can also lead to formal court hearing and you need to prepare yourself in this case.
• You must also know about the legal fees involved in filing a mechanic lien as well as attorney fees. However if your case wins the client who did not pay for the services offered by your company will be also reliable to pay these fees.

Ensuring Accuracy of Details when Filing a Mechanic Lien

Every local jurisdiction has their own specific rules when filing a mechanic lien, so it is important to know these rules to avoid mistakes and ensure that you’ll get paid with the right amount at the right time. Some may offer only certain number of days for a lien to be in the record and after this if a lawsuit or foreclosure of the property is not filed, the lien form will become invalid.

Validity of the File

Some people thought that when you file a mechanic lien, the file will be considered as a public record but if there is no lawsuit pursued the record will be deleted. This is not always the case, the record will stay but the file will become void after several days according to the validity date provided by the law. Many lawyers often state that any mechanic liens filed without a lawsuit may have no legal effect after the judge decides its validity. In many cases; however, the lawyers for both parties can settle the situation before a trial starts.

Potential Filing of Petition
Sometimes the law will also give an opportunity for the offender to file a petition or a special motion to destroy the record but this can be very expensive. They can also suggest their attorney to write a letter of demand telling the lien claimant to the file is invalid and is a slandering title. They may also include a file releasing the mechanic lien filed for their property wherein payments made are not indicated but it simply entails that lien has expired. If the property is sold they can explain to the buyer that even though the record for the lien is still there it is no longer enforceable.

To avoid losing your rights in a lien it is important to strictly follow the law. Ask a lawyer’s advice if possible to ensure the amount will be paid accordingly.

Lucy is writer and legal expert. He has been in the law industry for a decade now. She has been writing informative articles about mechanics lien to help people in the mechanical industry fight for their service rights.

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