Legal Question in Credit and Debt Law in Massachusetts

Mechanic's lein

What is the process for getting alein on a property I did work on but diddn't receive payment


Asked on 2/27/08, 12:40 pm

1 Answer from Attorneys

JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Mechanic's lein

The process is fairly complex, especially in light of various revisions to the lien statute (see Chapter 254 of the Massachusetts General Laws). Generally speaking, the three step process involves filing a notice of contract not later than the earliest of the following three events: (1) sixty days after the filing or recording of the notice of substantial completion, (2) ninety days after the filing or recording of the notice of termination or (3) ninety days after such person or any person by through or under him performs the last labor or materials with regard to the real estate improvement, filing a sworn statement of claim and filing a complaint ( in Superior Court) within 60 days of the actual filing of the sworn statement of claim. The timing of the various filings are intricate and the applicability of the statute depends upon whether you are a general contractor or a sub-contractor and the nature of the work you are performing. Please feel free to contact my office direct for a free initial consult based upon the facts of your specific situation.

Read more
Answered on 3/03/08, 10:51 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Massachusetts