Legal Question in Credit and Debt Law in California
Do I lose the mechanic's lien if I dismiss my complaint which includes a foreclosure on the mechanic's lien cause of action?
1 Answer from Attorneys
Generally, yes. If you are still within the time for filing a lawsuit to enforce the lien, and you dismiss without prejudice, and then refile within the very short time limit for filing suit to enforce the lien, arguably the lien would still be alive. But if the time limit for filing suit from the original date of recording the lien has passed and you dismiss, the lien is invalid. Depending on the status of the project, you might have a right to refile the lien entirely. Bottom line - it all depends on details of how your situation fits the very short time limits applicable to mechanics liens and lawsuits to enforce them.
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