Q: Hi, my mechanics lien expired on 8/8/2024 but i wanted to enforce the lien. Is there a way I can still enforce it?
A:
What you can do is what you already should have done before the lien expired - you can file a lawsuit, and if you win you can have a judicial lien imposed, and then get a writ of execution to foreclose the lien.
Your lingering problems are two: you have a tendency to sit on your hands, and you may have lost the priority in lien rank that your mechanic's lien used to have over any subsequent perfected creditor liens.
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A:
In California, once a mechanics lien expires, you unfortunately cannot enforce it. The law requires that you file a lawsuit to foreclose on the lien within 90 days from when you recorded it, or the lien becomes void and unenforceable.
Your best option now would be to explore other ways to collect the debt, such as filing a breach of contract lawsuit against the property owner or contractor who hired you. While you've lost the security interest in the property that the mechanics lien provided, you still have the right to pursue payment through other legal means.
Consider consulting with a construction law attorney who can review your specific situation and advise you on the most effective path forward. They might identify additional options based on the details of your case, and they can help you understand the statute of limitations for other types of claims you could pursue to recover the money you're owed.
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