FFGN COLLECT NY

DECEMBER 8, 2023

Our client was one of many people who had filed liens on the client’s property after not being paid. The general contractor had also not been paid and filed two large liens on the property as well. Those liens were later bonded. The general contractor sued the project owner and the surety for the non-payment of $4.1

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Collections Law

MARCH 10, 2022

As a subcontractor on building projects, you may be familiar with the concept of a mechanic’s lien, but do you know the best way to use one to protect your interests? What does a mechanic’s lien do for you? A mechanic’s lien is a lien on the physical property you are working on.

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Collections Law

APRIL 18, 2023

A mechanic’s lien gives builders, contractors and some others in the construction industry a collection mechanism that other industries don’t have. With a written contract or documents constituting a written contract, you can place a lien against the property which they improved for unpaid debt. Time is of the essence.

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Mechanic’s Liens Commercial Collection Law Firms Construction 52

FFGN COLLECT NY

FEBRUARY 2, 2021

Filing a mechanic’s lien may not be enough to get paid. While it works as a lien on the real property you improved, if not voluntarily paid, you will have to make a decision regarding what to do next. The lien itself can not secure payment for monies owed. Extending the Mechanic’s Lien.

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Jimerson Firm

FEBRUARY 29, 2024

Payment bonds serve to protect the real property from construction liens when persons and entities are not paid for their work on a construction project. Instead, those subcontractors have lien rights and not bond rights. The conditional payment bond is nothing more than a risk shifting mechanism for an owner’s non-payment.

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FFGN COLLECT NY

JANUARY 26, 2022

Mechanic Liens and Litigation. If timely, you can file a mechanics lien against the building if your services improved the value of the property, regardless of whether it was the building or managing agent that contracted your services. Questions about how to collect a debt from a building or managing agent?

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Collections 95

Burr Forman

MAY 19, 2021

Ad Valorem Tax Collection – Land and Lien Sales. Tax sales are the mechanism by which counties collect delinquent ad valorem taxes. The first involves the county selling the taxpayer’s land to pay for the taxes, whereas the second involves the county selling the county’s lien against the land for the taxes owed.

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Collections 52

PBWT

FEBRUARY 1, 2021

Perfect your liens on time or you may lose them. Ruling on plaintiff-debtor Southland Royalty Company LLC’s motion for partial summary judgment, Judge Owens found that Halliburton did not obtain a lien on Southland’s production of oil, natural gas, or their proceeds. That’s the painful lesson U.S. Opinion at 2.

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Jimerson Firm

JULY 1, 2020

Part 2, titled “Liens and Protecting Your Right to Get Paid” covers Florida lien law and other mechanisms that subcontractors and suppliers can employ to ensure they get paid on construction projects. This webinar is presented by three of our partners from the construction industry team.

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Construction Law Firms Education 52

Jimerson Firm

MARCH 14, 2024

Additionally, lien releases should be contemplated by the subcontractor agreement with comprehensive language included that addresses the subcontractor’s obligations upon receiving payment. Having clear and thorough payment terms tailored toward the specific needs of the project can help manage expectations and prevent future disputes.

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FFGN COLLECT NY

JUNE 24, 2022

Lien on Property. Unlike a mechanics lien or other type of lien, a lien on real property as a result of debt collection generally occurs in one of two ways. New York does not offer a statewide lien as a result of filing a case somewhere in the state. Income Execution.

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FFGN COLLECT NY

JULY 7, 2020

Can an Acknowledgement of Debt Extend the Statute of Limitations to File a Notice of Mechanics’ Lien? Other than an administrative order from the governor extending the time to file, there is nothing that extends the time to file a mechanics’ lien in New York state.

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Collections Law

MARCH 8, 2022

Depending on the situation, you may: File a mechanic’s lien – If you work in construction or home repair and did any work on a piece of real estate, a mechanic’s lien gives you an interest in that property if the homeowner does not pay.

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FFGN COLLECT NY

APRIL 21, 2022

For example, a subcontractor and/or general contractor can utilize a mechanic’s lien , and a moving and storage facility can use a warehouseman’s lien. The ability to lien is limited. You don’t need to wait until the demand phase to assert a lien. Security Interest. Litigation.

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FFGN COLLECT NY

AUGUST 1, 2022

The subcontractor, supplier, or vendor is not required to file a mechanic’s lien to pursue a trust fund violation. If the funds are used for any purpose other than intended, the use can be considered a diversion of funds.

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Credit Corp

JULY 30, 2021

When purchasing from a private seller, buyers need to verify liens do not exist from the previous owner. Find a Trusted Mechanic. Finding a mechanic can be challenging, which is one reason that buyers may prefer to purchase from a well-respected dealership. If there are, those need to be handled immediately.

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FFGN COLLECT NY

AUGUST 23, 2022

New York lien law offers a number of options to subcontractors and vendors including the option to lien real property. And you do not need to file a mechanics lien to avail yourself of some of the options afforded by Article 3 of the New York lien law.

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Collection Industry News

JUNE 16, 2023

These agreements may outline specific procedures, remedies, and dispute resolution mechanisms in case of non-payment or default. The court’s judgment can provide legal authorization for various actions, such as seizing assets, placing liens, or garnishing wages. This involves filing a lawsuit and seeking a judgment from a court.

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Credit Corp

JUNE 3, 2020

This can include utility companies, medical professionals, cell phone service providers and auto mechanic shops. Common methods include wage garnishment , property attachments and property liens. Another option is placing a lien on some of your property, such as your home. Property liens. These laws vary.

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Collections Law

MAY 12, 2022

If you have filed a mechanic’s lien statement of account, those give you only 90 days to file suit. Other things to look for We also look to see if anyone signed a personal guarantee or a promissory note as part of your transaction or whether there is evidence of fraud or misrepresentation.

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Credit Corp

MARCH 13, 2023

If you can have a mechanic or someone you trust who knows a lot about cars look over the vehicle, do so. If the seller owes money on the car, there’s a lien on the title. If the seller is willing to come to a public location with the vehicle, that’s best. If not, take someone with you when you go to their home.

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Collections Law

DECEMBER 10, 2021

Those require a separate legal process. When can you use a reach and apply injunction? You may request a reach and apply injunction as either a pre-judgment or post-judgment attachment.

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FFGN COLLECT NY

JUNE 12, 2022

Make sure when engaging collection counsel, whether it be for demand, mediation, arbitration, foreclosure of mechanics lien, or judgment recovery, they do the right thing. Do your research before selecting a debt collection attorney. If not, your attorney’s actions can cost you way more than the uncollectible account.

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NACM

MAY 19, 2023

Lien rights grant legal authority for contractors, subcontractors and suppliers to file a mechanic's lien against the owner's property or, in the case of a government project, the right to make a bond claim. But statutory changes like with Texas' recent property code make it harder to protect those lien right.

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True Accord

NOVEMBER 20, 2023

This includes a decision about whether or not to file a lawsuit to recover the debt (which, if successful, results in garnishment of a consumer’s paycheck or a lien against a consumer’s property). In some instances where a consumer might not own property or be employed, a creditor may not file a lawsuit but simply accept the loss.

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FFGN COLLECT NY

DECEMBER 9, 2020

This can include notice of default, notice of non-payment, notice of pendency, notice under mechanics lien, notice that a debt collection claim has been filed or, that a judgment has been entered. Throughout the life of a debt collection claim, you may be required to give notice.

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Collections Law

DECEMBER 1, 2023

In the state of Massachusetts, there is no requirement that the work on a project has to be completed, or even started before initiating a mechanic’s lien. A mechanic’s lien is an invaluable tool to ensure payment for a construction project. Our mechanic’s lien attorneys at Law Offices of Alan M.

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Collections Law

OCTOBER 10, 2023

A mechanic’s lien is a powerful debt-collection tool for businesses in the construction industry. One of the requirements to file a mechanic’s lien is that you must have a written contract that is enforceable under Massachusetts law. What constitutes a contract for a mechanic’s lien?

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Collections Law

SEPTEMBER 21, 2020

If you are unlucky enough to have done business with construction companies or property owners who seem to be rolling in cash, but never have time to pay, you’ll soon find out the importance of a mechanic’s lien in Massachusetts in debt recovery. Why Should I File a Mechanic’s Lien With a Trusted Attorney? To be timely.

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The McHughes Law Firm

JUNE 22, 2016

In addition, the waiver or postponement of a legal right by the creditor, such as the institution of a law suit to collect an overdue account, or the filing of a mechanics lien , will be construed as consideration by the courts in most jurisdictions.

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Collections Law

DECEMBER 5, 2022

There are legal tools that help construction companies get the payment they are owed, one of the most notable being a mechanic’s lien. As long as an enforceable written contract is present, the construction company or subcontractor can generally file a lien against the property where they completed work.

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Mechanic’s Liens Construction Government Collections 52

Collections Law

NOVEMBER 8, 2022

A mechanic’s lien provides a valuable tool to help ensure contractors, builders, and businesses receive their due payment. There are rules that guide how to use these legal tools and a failure to abide by the rules can make it difficult for the contractor to enforce their lien. But can outside factors impact these rules?

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Mechanic’s Liens Construction Government 52

FFGN COLLECT NY

OCTOBER 31, 2023

Debt Collection Challenges One of the challenges in collecting unpaid balances is whether it is cost effect to file a mechanic’s lien against the property assuming you have a right to lien the property. When dealing with agents who work with less solvent buildings, chances are you may end up with more unpaid invoices.

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Collections Law

MARCH 8, 2021

However, the construction industry has its own unique debt collection tool on its side, and hundreds of professionals turn to mechanic’s liens every day. But who is eligible for a mechanic’s lien? Who is Eligible for Mechanic’s Liens in Massachusetts? The Importance of a Written Contract.

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Mechanic’s Liens Construction Judgment Debt Recovery 52

Collections Law

JUNE 15, 2020

The Massachusetts Mechanic’s Lien Statute is a law that helps safeguard contractors’ and suppliers’ “investment” in a construction project’s improvement. Mechanic’s Lien—What is it and How Does it Work? A mechanic’s lien is a statutorily-created lien against the construction property.

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PBWT

MARCH 2, 2021

In Belk’s case, 99% of the First Lien Term Loan Claims and 100% of the Second Lien Term Loan Claims – the creditors absorbing that $450 million debt reduction – supported the plan.

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Collections Law

AUGUST 20, 2023

If you own a large construction company, you are familiar with mechanic’s liens. They are a powerful tool given by statute to certain actors in the construction industry, and they’re the only type of property lien that doesn’t require a judge’s approval. In fact, it’s a good bet some of your mechanic’s liens are still failing.

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