Home Improvement Contractor - Licensed Contractors

I am a plumbing contractor. Did some work for an absentee landlord, now she won't pay.?

Filed lien, sent letter, sent statement. Now what should I do? She lives in California. I am in New Mexico. Property is rental. Has two rentals and one tenant now.

Public Comments

1. Is she answering your calls. If so be nice & tell her you have a child & need the money right away. Ask if she has children. The real reason is I have found that when the law doesn't work I threaten them with hurting their children. I haven't had to really do that but they get the feeling & pay quick. If you live close enough stop in when the new tenent is there & tell them cause they will complain to the land lord. Don't do anything that will get you in trouble just make them wonder about your sanity. Being nice only goes so far. Make sure you have given him or her enough time & they aren't just procrastinators.
2. With a mechanics lien, she will eventually have to pay off the lien if she goes to sell the property. In the meantime... Does she use a management company? If so, send a copy of the bill and the lien to the contact person for the management company. Another idea, even though you live out of state, is to file in small claims court. You will have to appear, and even though the bill (if it is nominal) may not be worth the trip, the principal of the matter does and so will the judgment against her. You may also contact the local chamber of commerce and the Better Business Bureau to report her. Renting a property is a business. Good Luck to you.
3. Problem with a lien on the units you do not get paid until they are sold who knows when that will be, sue in small claims in the county where the property is located, get a judgment then go after assets
4. If you had a contract to do the work and have a lCalifornia license, you can file a mechanic's lean. Otherwise you are not entitled to payment. Her lender may require her to remove the lien.
5. You now need to follow your state's statutory guidelines for perfecting and enforcing your lien. Consult an attorney. The laws concerning mechanic's liens are different in all 50 states. If you miss a deadline, fail to file a document, etc., you may forever lose your rights as far as the lien is concerned. Call your trade union. They can probably recommend a knowledgeable attorney.
6. Depends on the $ amount. All states have a small claims court, If you take this matter to a small claims court in New Mexico, Than She will have to come to New Mexico to fight the case. If she does not show up, you will win by default. Once you win, the court will make a monetary judgment against her. Now, you have a court order saying "she must pay". At this point, you can turn it over for collection............hope this helps.....Ron