Legal Question in Credit and Debt Law in Louisiana

Mechanical Lien

Do I need to file notice of intent

before filing mechanical lien?


Asked on 6/11/07, 11:33 am

1 Answer from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Re: Mechanical Lien

Dear LawGuru Freind,

Nope! Just prepare your lien properly and record it in the Mortgage records and against the property. Now, once that is done, you have only a certain length of time within which to perfect your lien by filing suit and then recording in the Mortgage Records a Notice of Lis Pendins showing that the suit has been filed. Otherwise, the owner of the property can go behind your lien and have it cancelled if the suit is not filed to perfect the lien within one (1) year from the date the last materials were furnised to the job site. At least this is my understanding of the Louisiana Mechanic's Lien Law; although, I have to admit that it has been quite a long time since I dealt in that area of Louisiana law. Also, there is only a limited time following the delivery of the last materials to the job site within which the materialman can record the lien; ninety (90) days, I do believe I recall the law. There is more to it all than this, but this is something to think about.

Sincerely,

Hardy Parkerson, Atty.

Lake Charles

[email protected]

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Answered on 6/13/07, 5:55 pm


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