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?


Asked on 6/28/07, 5:04 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

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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Answered on 6/28/07, 9:04 pm


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