Legal Question in Real Estate Law in Georgia

Jan. 6, 2011,I had a lien put on my house because the contractor did not pay for the concrete delivered and poured sometime around the end of October 2010 or beginning of November 2010. I just got a letter dated Nov. 21, 2011demanding the payment . Since the delivery was over 12 months ago, hasn't the time expired to file suit and shouldn't they remove the lien? This is in State of GA,


Asked on 11/28/11, 5:59 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

To preserve a recorded Claim of Lien, the claimant must bring an action against the person with whom it had a contract within 12 months from the date the claim became due. An action can be combined against both the owner and the person or entity with whom the lien claimant had a contract only if venue against both is proper in the same county. Otherwise, the lien claimant must first obtain a judgment against the person or entity with whom it had a contract before filing a second action against the owner to perfect the Claim of Lien.

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Answered on 11/28/11, 7:10 pm


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