FAQ - Small Claims

How do I start the lien process?

In order to get a lien specific procedures must be followed. The first step is a preliminary 20 day notice. This notice must be given no later than 20 days after the work was completed and must be sent with proof of mailing to all involved. A preliminary 20 day notice must have the following information included:

1. A general description of the labor, professional services, materials, machinery, fixtures or tools furnished or to be furnished and an estimate of the total price thereof.
2. The name and address of the person furnishing labor, professional services, materials, machinery, fixtures or tools.
3. The name of the person who contracted for the purchase of labor, professional services, materials, machinery, fixtures or tools.
4. A legal description, subdivision plat, street address, location with respect to commonly known roads or other landmarks in the area or any other description of the job site sufficient for identification.
5. In accordance with Arizona Revised Statutes section 33-992.01, this is not a lien and this is not a reflection on the integrity of any contractor or subcontractor.

Notice to Property Owner

If bills are not paid in full for the labor, professional services, materials, machinery, fixtures or tools furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being improved may be placed against the property. You may wish to protect yourself against this consequence by either:
1. Requiring your contractor to furnish a conditional waiver and release pursuant to Arizona Revised Statutes section 33-1008, subsection D, paragraphs 1 and 3 signed by the person or firm giving you this notice before you make payment to your contractor.
2. Requiring your contractor to furnish an unconditional waiver and release pursuant to Arizona Revised Statutes section 33-1008, subsection D, paragraphs 2 and 4 signed by the person or firm giving you this notice after you make payment to your contractor.
3. Using any other method or device which is appropriate under the circumstances


The form for a preliminary 20 day notice can be found at A.R.S. § 33-992.01(D) You may want to consult an attorney for more information.

 

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This website has been prepared for general information purposes only. The information on this website is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state-to-state or county-to-county, so that some information in this website may not be correct for your situation. Finally, the information contained on this website is not guaranteed to be up to date. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction.

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