Legal Question in Credit and Debt Law in Virginia

Can a mechanics lien be enforced in Small Claims Court.

Section 43-22 of the Virgina Code states that a mechanic's liens ''may be enforced in a court of equity.'' Does this include Small Claims Court, or does the mechanic need to file in District Court?


Asked on 8/04/06, 2:00 pm

2 Answers from Attorneys
Daniel Press Chung & Press, P.C.

Re: Can a mechanics lien be enforced in Small Claims Court.

Mechanics liens can only be filed in Circuit Court.

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Answered on 8/04/06, 2:26 pm
Jonathon Moseley Jonathon A. Moseley

Re: Can a mechanics lien be enforced in Small Claims Court.

There are also a lot of tricky requirements. It is not rocket science. It is possible to master the rules. But make sure you pay close attention to the rules. For example, you must file a mechanic's lien in only a short period of time after teh work stopped. I don't remember the deadline off the top of my head, but I beleve it is 90 to 120 days after the work is completed OR when the payment was due, whichever is early. I could be wrong on those details. But my POINT is don't assume you have a lot of time. Act fast and make sure you follow the specific rules.

THEN -- at the stage where you are now -- you have to file in circuit court AND YOU HAVE TO BE CAREFUL TO *NAME* EVERYONE as a Defendant with any remote interest in the property, such as mortgage lender, trustees on the deed of trust, etc., etc.

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Answered on 8/04/06, 4:54 pm


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