Legal Question in Credit and Debt Law in Georgia

Mechanic's Lien Process in Georgia

What is the process and what requirements exist to collect on a mechanic's lien?


Asked on 12/15/04, 2:58 pm

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Mechanic's Lien Process in Georgia

A mechanic's lien (also known as a materialmen's lien) is a method used by contractors or other people employed for the purpose of improving real property to ensure that property owners will pay them for services and materials. If the property owner does not pay for the services or materials, the mechanic can initiate a court proceeding to force a sale of the property to pay for the services and materials.

Ultimate, last-resort enforcement of the mechanic's lien is accomplished by filing a lawsuit to foreclose the lien and have the property sold in order to be paid. Property owners should make sure that their general contractors pay their employees or subcontractors to avoid a mechanic's lien, since the owner could be forced to pay the debts of a general contractor even though the owner has already paid the contractor. If the worker or supplier does not sue to enforce the mechanic's lien, he/she may still sue for the debt

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 12/16/04, 3:43 pm


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