Georgia Construction, Bond & Lien Law Blog

Why You Should Use a Lawyer to File Your Subcontractor Liens

Posted in Filing Materialmen's Liens,Good Business Practices by Administrator on the February 2nd, 2011

We receive a lot of telephone calls from subcontractors and suppliers who are seeking to file mechanics or materialmen liens.  And, we are frequently asked why they should use a law firm to file their construction liens when the internet offers lien filing services who promises to do the same work for less money.   That’s a good question.  Here are some of the things we usually tell people:

We are good at what we do, and, simply stated, I do not know any lien services that provide the same quality of work.  Lien laws change and each individual matter may fall into a category or an exception.  Let us help.

Lien filing services may be less expensive in the beginning, but the costs to enforce their liens may be higher.  In most cases, for example, we file a legal description of the real estate to be liened which is one thing they do not do; without a legal description it is very difficult to know if the lien properly “attaches” to the property.  Without proper attachment, your lien may not be valid, it may not show up in the real estate records, it may not meet all of Georgia’s lien requirements, and you will probably not get paid.

We understand and educate you regarding the exceptions.  Our expertise brings value to the table.  If you lien cannot be filed for some reason–e.g., you did not send a Notice to Owner and a Notice to Contractor–we are able to review the facts to see if you fall into an exception to this requirement which, if allowed, may validate your lien and improve your chances of recovery.

In this economy, we all watch every dime that is spent; however, sometimes you have to invest in your collection to help you increase the likelihood of recovery.  Simply stated, lawyers are more likely to get a response from your debtor than a commercial service.

We can handle your entire case.  You don’t hire us just to file a materialmen’s lien, we can see your debt through completion.  We do file lien, but we engage the debtor’s when they contact us to get you paid.  We offer payment plans, Consent Judgments, and other ideas that increase your recovery.

It can be the difference between a tricycle and a jet.

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