Legal Question in Construction Law in Virginia
Mechanic's lien process
Deteriorating communication with a homeowner, whose house I painted, deteriorated when she refused to complete payment forcing me to file a lien. After the initial filing and notification (via certified, return receipt mail) what is my next step to maintain/protect/perfect the lien?
1 Answer from Attorneys
Re: Mechanic's lien process
In accordance with Sec. 43.4 of the Code of Virginia, you must file a memorandum of lien with such information as the name of the owner of the property, a brief description of
the property on which the work was performed, the name of the claimant(your name), a statment that you as claimant will claim the benefit of any proceeds received from the lien, a brief description of the work performed which is the basis of the claim underlying the lien, and so forth...
The memorandum is to be filed and indexed in the clerk's office and within 90 days of the last day when work was performed and/or materials provided for which no payment has been received.
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