Anyone who has done something or provided material to work on a job site should be paid fairly. But billing is a common problem that contractors of all kinds face. Sometimes there are good reasons for not paying, and sometimes it happens due to disagreements or some other issues. The law of the state of Missouri regulated an auxiliary act (more like a legal tool) which should help all contractors to collect their claims more easily. It’s called a contractor’s or mechanic’s lien and includes a large number of those who provided a service – general contractors, subcontractors, suppliers, laborers, etc.
When you are considering the option of filing a mechanic’s lien in Missouri, there are a number of things that you should be aware of. Filing this type of claim is a decision that only those with the appropriate experience should make, and you should seek all options before you make a move. This article will provide you with tips to help you get started, as well as a few ways to protect yourself once you have filed.
Understand the Process
When you are considering filing a claim, it’s always good to be prepared. The first thing that you must do is to understand the process. These claims are filed by an individual, not by a company. The state of Missouri doesn’t oblige you to have a written contract to get the right on the mechanic’s lien. So you can file it even after the verbal agreement. You need county recorders to help you exercise your rights. To get the procedure done fast, you should this in the county where the property owner is located. Before you decide on filing a mechanic’s lien in Missouri, you are obliged to inform the debtor of your intention. The deadline for that is at least ten days before you file a claim. You should send a Notice of Intent to give the debtor a chance to settle their obligations before starting the lien. The lien must be sent by the county recorder within six months after finishing the project. Once this has been done, the lien must be recorded. You don’t have to inform anyone about that. After that, you have another six months to enforce the payment.
Take Care of the Recorder Selection
The next tip that you should take advantage of when filing a mechanic’s lien is to make sure that the lien has been recorded in the right place. There are thousands of offices all over the country, and the state of Missouri probably has hundreds of them. You can run onto different procedures, requirements, fees, and all that can be a bit confusing. You have to be sure that the office you contacted deals with the mechanic’s lien. Getting in touch with recorders ahead of time can spare you a lot of trouble. That way, you can avoid delays and complications if you file the lien in the wrong place. The worst thing that can happen is that your right may be unrecognized.
Don’t Forget LPD
Note that Missouri is one of the states where a property description is required when filling out a lien. That refers to filling in the necessary legal data about the facility or land you worked on, but you were not paid. At this link, you can find out how to do it properly. In the event of an error or inaccurate information, your claim may be invalid.
Know What to Expect
The biggest mistake that many people make is not knowing what to expect after filing a mechanic’s lien. If you are unsure how the process works, you will likely get frustrated and disappointed. Deadlines for claiming in Missouri are not long, but filing a lien can sometimes be in vain. If you’re lucky, you may get your money after sending the Notice of Intent because your debtors don’t want to risk additional costs. But it can also happen that filing a claim doesn’t bring any results at all. The only solution is to seek debt through the courts. If this occurs after the enforcement deadline, it is best to consult a lawyer about what to do next.
Have a Lawyer on Your Side
Even the most experienced contractors can make a mistake when they’re trying to get their money. Filing a claim can be an extra burden, but you shouldn’t take it lightly. If you have time and energy to use your rights, go for it. But if you can’t handle it alone, ask for legal help. It’s a good idea to speak with an attorney before beginning the process. You could always use someone on your side to guide you through the process and offer advice if you are unsure of anything. On the following page, check how attorneys can help you fight your rights: https://www.hg.org/legal-articles/what-is-a-mechanic-s-lien-and-how-can-my-real-estate-lawyer-help-43902
That can make the entire process go much smoother and faster without you having to spend time trying to figure out how to fight the lien. The attorneys can provide you with the most accurate information and an idea of what the process might entail. If you doubt claiming your rights this way, it is best to hire a lawyer to represent you when filing a lien. That will save you from making mistakes that can neglect your rights to get what you’ve earned with the help of this legal tool.
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