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I did work in NC on Jan.17th and finished it on Jan 29th for

 

Customer Question

I did work in NC on Jan.17th and finished it on Jan 29th for the Catapillar Plant there. I worked for a sub does alot of work for Catapillar nationwide. I have not been paid yet and I dont think they are going to pay me. Can I file a mechanics lien against this property still?

 

Optional Information:
Country relating to Question: United States
State (if USA): North Carolina

Already Tried:
Talking to the subs who got the project.

Submitted: 318 days and 4 hours ago.
Category: Legal
Value: $28
Status: CLOSED

Accepted Answer

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Expert:  LawTalk replied318 days and 4 hours ago.

Good afternoon,

I'm sorry to hear of the situation.

Under NC statute, claims of lien on real property, and subrogated claims of lien on real property must be filed in the clerk of court where the property is located, within 120 days of the claimant’s last date of furnishing. As the date you refer to was back in January of this year, I'm sorry, but the time to file a lien has passed. Here is a link to the state lien law: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_44A/GS_44A-12.html

Your remedy is to sue the contractor directly, and the property owner, if you had a contract with them as well.

I wish you the best in 2012.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

You may reply back to me using the Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Kindly take a moment to rate my service to you based on the understanding of the law I provided. I have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.

Thank you,

Doug

Expert TypeAttorney
Category: Legal
Pos. Feedback: 98.3 %
Accepts: 7314
Answered: 7/2/2012

Experience: I am a practicing attorney with more than 27 years of experience in the legal field.

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