How to enforce a mechanic’s lien on a property in Massachusetts?
If you’re a subcontractor or supplier who hasn’t been paid by the general contractor for the work done on a property or the supplies provided, you can legally go after the property owner and claim against the property with the use of mechanic’s lien to recover the money you're owed.
However, there are specific requirements provided by the MA Civil Code that you need to satisfy before you may enforce a mechanic’s lien in Massachusetts. These include:
- You must give preliminary notice to the property owner no later than 20 days after you have first made your contribution to the work.
- If you haven’t been paid, a lien must be filed with the county's recorder's office within a certain legally required period.
- The claim must be in writing and contain the necessary information as provided by the Massachusetts mechanic’s lien statute.
- For the claim to stay valid and enforceable, you must enforce it within 90 days after filing the claim of mechanic’s lien.
Because a lien can make it difficult or impossible to sell, refinance or obtain a line of credit on the property, property owners would be compelled to pay you what you’re owed once you become the judgment creditor. If the concept seems complicated to you, you may want to hire a reputable debt collection attorney to ease your concerns and protect your interests.
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