Time limit

[DAS]

What is the name of your state (only U.S. law)? SD


I did work for these people before, I had to place a lien. They gave me and two other contractors (concrete and electrical) the reason for no payment. They went over their construction loan and went for more money. They had to pay us off before the loan was dished out, they paid me. I fell for it. Did more work, stopped after I submitted a bill for $900.00 and no sign of payment just excuses. I even attempted to schedule payments with no response. I had seen and been told by their neighbors that they hired other contractors to continue work, they only hire on T & M basis. They keep telling me they don't have the money. So I filed a lien within the time frame indicated by law. I was told that I have six years for the lien to be applied. Its been 4 years and enough.
How do I proceed. What happens after six years, the lien disappears? Do I begin with a certified letter stating that I will foreclose on the lien if I get no response in 30 days?
Thanks

 

[latigo]

What is the name of your state (only U.S. law)? SD
I did work for these people before, I had to place a lien. They gave me and two other contractors (concrete and electrical) the reason for no payment. They went over their construction loan and went for more money. They had to pay us off before the loan was dished out, they paid me. I fell for it. Did more work, stopped after I submitted a bill for $900.00 and no sign of payment just excuses. I even attempted to schedule payments with no response. I had seen and been told by their neighbors that they hired other contractors to continue work, they only hire on T & M basis. They keep telling me they don't have the money. So I filed a lien within the time frame indicated by law. I was told that I have six years for the lien to be applied. Its been 4 years and enough.
How do I proceed. What happens after six years, the lien disappears? Do I begin with a certified letter stating that I will foreclose on the lien if I get no response in 30 days?
Thanks

The method of enforcing mechanics liens in your state is set forth at length and in detail at Chapter 44-9 of South Dakota’s Codified Laws.

It does not begin with a “certified letter”. It requires that the lien claimant file an action for foreclosure the same as required in foreclosing a mortgage upon real property (44-9-23). And not in small claims either, but in a South Dakota Circuit Court seated in the county where the property is situated.

However, if you will read those complex lien foreclosure statutes, I think you will agree that trying to follow them would be beyond the capability of a layperson.

You might wish to consult with a local attorney to see if you can waive the lien and sue on the debt – perhaps in small claims - and whether or not any
South Dakota statute of limitation would bar the suit.
_________________________________

Also, I was amazed to learn as you accurately report that the claimant has 6-years to enforce the lien. In my state it is 6 months!