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A mechanics lien is a legal claim on the property for unpaid construction work or supplies. Once claimants file a mechanics lien in California, the owner's property turns into collateral, allowing claimants to secure the service they rendered or the supplies they provided.
If a creditor puts a lien on your property, you may make an offer to settle the amount for less than you owe. As part of the negotiations, get the creditor to agree to release the lien. If you need help in the negotiations, consider hiring a debt settlement lawyer to help you.
Enforcing your lien claim means actually filing a lawsuit to enforce the action and foreclose on the property itself.Since a mechanics lien gives you a security interest in the property, a foreclosure action is a way to squeeze the funds out of the property.
In Tennessee, a contractor with a direct contract with the property owner must initiate a lawsuit to enforce a mechanics lien within 1 year after the completion of the work. However, the period may be shortened to 60 days if the property owner serves the lien claimant a written demand for enforcement of the lien.
To enforce the lien, the contractor must file a lawsuit within 90 days from the date of recording the lien. If this deadline is passed, the contractor may not be able to enforce the lien and may be required to remove the lien.
Formalize a defense for disputing the amount of the lien. Gather supporting documentation for your rebuttal, depending on the type of lien. Contact the agent representing the creditor to dispute the amount of the claim. Negotiate a payment settlement with the creditor if you cannot pay the amount you owe in full.
California Mechanics' Lien law provides special protection to contractors, subcontractors, laborers and suppliers who furnish labor or materials to repair, remodel or build your home.The mechanics' lien is a right that California gives to workers and suppliers to record a lien to ensure payment.
When a contractor files a mechanics' (construction) lien on your home, the lien makes your home into what's called security for an outstanding debt, which the contractor claims is due and unpaid for services or materials.
In California, money judgments are enforceable by a writ of execution. In order to enforce the judgment lien, the judgment creditor must obtain a writ of execution, levy and then sell the real property at an execution sale.