How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116153
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
10285032
Type Your Real Estate Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Does a Contest Of Lien give the person filing the lien 60

Customer Question

Does a Contest Of Lien give the person filing the lien 60 days to respond, or is it 90 days? The wording in the form seems to contradict itself
JA: Where is the property located?
Customer: DEkalb County Georgia
JA: Has any paperwork been filed?
Customer: yep
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, I have a friend that is a VP with a law firm involved in media, she said real estate is not her area but, a real estate lien is automatically Superior court, not magistrate court. Is that true?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The action to enforce the lien must be taken in 60 days from issuing the lien and if a contest of lien is filed and the person does not challenge the contest of the lien then the lien automatically expires in 90 days AFTER filing the contest of lien. So if a contest of lien is filed and they do not sue to enforce the lien then 90 days after filing the contest the lien is extinguished.
Customer: replied 9 months ago.
They filed slightly more than sixty days after but less than 90. Which takes president, the 60 or the 90?
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
If they filed the contest there is 90 days from the date of filing the contest for the lienholder to file suit in court to enforce the lien or in 90 days from filing the contest the lien is extinguished.

Related Real Estate Law Questions