Guide to Filing a Mechanic’s Lien - Baltimore Post-ExaminerBaltimore Post-Examiner

Guide to Filing a Mechanic’s Lien

If you’re wanting extra protection for a construction job that you need to get paid for, then you may want to handle the method of getting a mechanic’s lien. This is a great way to make your customers pay attention to an invoice or protect yourself from not getting paid for a job that you’re working on. So, it is important to find out about mechanic’s liens in Virginia.

One may wonder exactly how you’re supposed to go about it, and we’ll tell you a little bit about it in this guide because it’s actually a very legal and technical process that can’t afford to have any mistakes made, so you can make sure your claim remains valid. There are also certain lien laws in the United States that are in place to make it a more difficult process. Using the tips in this guide, you won’t have quite as many problems and you can be prepared.

Finding Out if You Can File a Lien

The first step to this process of getting a mechanic’s lien is finding out if you even qualify for one. If you’re trying to file a lien and you don’t actually have a right for one, this can create a humongous legal disaster for you, as you’ll end up being charged for creating a frivolous lien. Keep in mind that every state has certain statutes that apply to this for your work and materials, and not all states even allow them.

Are You Required to Send Any Notice?

As a matter of fact, this is something that some contractors forget to do. Just like any other legal document out there to protect you, you do have to provide and send a notice to your client. However, there are different types of notices to think about. The preliminary notice (which is required by many states in the US) is to be signed at the beginning of the work project.

The notice of intent to lien is one that fewer contractors and states actually require or use, but sometimes it’s necessary. This means that you have to send a notice of your intention to file a lien before you can actually file one. Just don’t wait too long to do it though, because your lien is on a deadline too.

Draft Your Lien

You should always make initial drafting which gives you the special lines and it’s a lot more complicated than you think. You can’t just download a lien form and fill in blanks. Make sure all of your information is there that is required by you. You need to include many areas like your lien amount, your name, the intellectual property that you’re including, and more information if required.

Last but Not Least

Then you can file your lien at a local county recorder’s office. This is the step right before you notify the parties you’re delivering the lien to.

Conclusion

There may be more steps that you’ll need to take, so if necessary, you may even want to find some legal counsel to ensure that you are getting your mechanic’s lien and not getting stiffed on a job that you’ve worked extremely hard for.





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