Thursday, June 13, 2013

I've Filed a Mechanic's Lien and Still Have Not Been Paid NOW What?

You have filed a mechanic's lien against the debtor and or the company that you provided construction and or design related services to. You and or your accounts receivable department might have filed the lien directly and or hired one of the popular lien filing services available to do it for you. You may have an in house attorney and or you may have hired an outside attorney to file the lien and begin collection strategies. Great you filed the lien on your own and or used a lien filing service and six months later you still have not been paid. You hired an attorney if it is an affordable situation for your firm (many small businesses cannot afford high hourly rate attorneys, a negotiated fee with a contingency or payment plan preferable). You hired the attorney but the attorney knows very little about construction law, does not have support staff that knows about construction law and rarely picks up the phone to begin any type of negotiations with the debtor party. You are frustrated because you did not run an accurate credit profile on the company that you now have done business with and or with the sluggish economy you have taken the risk because you need the business. A few facts, the longer the lien sits the more challenging it may be to collect. When the lien has been filed it is important to immediately be proactive in understanding the debtors situation and to gage whether or not they will pay within a specific timeframe and or if you have to proceed with further legal action. Working with a general contractor that has money mismanagement issues and you did not know it, thus the general contractors have spent the funds for the project completion another uphill battle. My mechanic's lien has been Bonded now what? If you have to move forward with legal proceedings on your mechanic's lien, it is important to work with legal professionals who understand construction law period? If it is a pure debt and or business collection matter it is important to work with legal professionals who are proactive, pick up the phone, do their research on the debtor and find every practical way of getting you your money! Lu'na Hernandez

Saturday, June 1, 2013

I've Filed a Mechanic's Lien and Still Have Not Been Paid NOW What?