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Good morning. Was this a new home or a remodeling job of an existing home? Thank you!
This was a remodel ..water damage
Good morning. This is covered by the following Washington statute which provides that you have the right to file a lien as long as you file the notice of intent to file the lien timely. Under the statute:
(1) Except as otherwise provided in this section, every person furnishing professional services, materials, or equipment for the improvement of real property shall give the owner or reputed owner notice in writing of the right to claim a lien. If the prime contractor is in compliance with the requirements of RCW 19.27.095, 60.04.230, and 60.04.261, this notice shall also be given to the prime contractor as described in this subsection unless the potential lien claimant has contracted directly with the prime contractor. The notice may be given at any time but only protects the right to claim a lien for professional services, materials, or equipment supplied after the date which is sixty days before: (a) Mailing the notice by certified or registered mail to the owner or reputed owner; or (b) Delivering or serving the notice personally upon the owner or reputed owner and obtaining evidence of delivery in the form of a receipt or other acknowledgment signed by the owner or reputed owner or an affidavit of service. In the case of new construction of a single-family residence, the notice of a right to claim a lien may be given at any time but only protects the right to claim a lien for professional services, materials, or equipment supplied after a date which is ten days before the notice is given as described in this subsection.
It sounds like you might be beyond the 60 day deadline. If you are, you can't file a lien against the homeowner, but you can sue the contractor directly. Once the suit is filed and ajudgment awarded, you become a judgment creditor, and if the losing partydoesn't then pay the judgment, you can have the sheriff serve a summons on thelosing party for a debtor examination. That forces the losing party to meet thejudgment creditor in court and answer questions under oath about the losingparty's assets. After that informationis obtained, the judgment creditor has the power to attach bank accounts, and/or have thesheriff seize other property to satisfythe judgment.
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