Can a subcontractor file a lien against my property for not being paid by the contractor?
Full Question:
Answer:
In Georgia, the lien must be filed within three (3) months of the last time the person or entity claiming the lien worked on the property or within three (3) months of the last time materials were delivered to or installed upon the property. OCGA Section 44-14-361.1(a)(2).
An automatic stay in bankruptcy proceedings immediately stops any lawsuit filed against the debtor and virtually all actions against their property by a creditor, collection agency or government entity. The bankruptcy code protects a laborer's right under applicable state law to perform post-bankruptcy actions that are necessary to maintain or continue a mechanics’ lien if the generally applicable law provides that the rights of a contractor or supplier “relate back” in time and becomes superior to the rights of intervening lien creditors. A lien may still be enforced if there is a timely filing of a preliminary lien notice under state law in relation to when services or goods are provided to the debtor and relate back to the original date of when the work was begun or the material was delivered.
