Does a lien claimant have to use a lawyer to file a lien?
One does not have to be a lawyer to file a claim of lien, but because the process of filing and perfecting liens is technical many lien claimants do hire lawyers to assist them.
If payment to the lien claimant is not voluntary made by the owner or general contractor, filing the lien may be just the first step in the process that may end with a court hearing to determine the amount the lien claimant is entitled to. If the court decides the claim of lien filed at the outset was not valid then the claim will be dismissed and not only will the lien claimant not get paid but the lien claimant may have to pay the landowner’s legal and other costs resulting from the defective lien. For these reasons, it is prudent to obtain legal advice to ensure the claim of lien filed in the Land Title Office is not defective.
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