Legal Question in Construction Law in Virginia

builders lean for unpaid debt

I need to know what forms are required in Virginia to abtain a lean agenst a clients property where work over $10,000.00 was preformed and was not paid for. I also need to know what it would take on my part to file in small claimes court.

THANKS


Asked on 7/29/05, 3:00 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: builders lean for unpaid debt

Small claims court is limited to claims under $2000. You need to file in General District Court or Circuit Court (you will need to go to Circuit Court to enforce your lien).

Mechanics lien law is highly technical. You need to timely file a memorandum of lien with all the necessary information within 90 days of the end of the month in which you last performed work on the job, and in any event within 90 days of the last work by anyone on the job. You then have to sue to enforce the lien within 6 months of filing your memorandum. If you do it wrong, you lose your lien. You cannot afford NOT to have a competent lawyer handle filing your liens.

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Answered on 7/29/05, 4:12 pm


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