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Frequently Asked Questions ::
If you do not see an answer to the question you have, please contact our staff. We often add questions that are received via e-mail to the faq to help others.
Q. To contact us by email: customerservice@fwnotice.com |
| A. We are ready to answer any of your notice questions |
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Q. Should I file a Notice Of A Right To A Lien on every invoice? |
| A. To protect your lien rights in the event of nonpayment and, in essence, your right to be paid you should send a Notice for each residential job where you work as a subcontractor, and for all commercial jobs for which you supply materials and/or labor, in both original and subcontractor roles. |
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Q. Can I file a lien if the Notice has not been sent? |
| A. If the Notice Of Right To A Lien is not sent, you are giving up your rights to perfect that lien. A lien can still be recorded, however. It will not be enforcable without the sending of the Notice within the required time limits. |
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Q. Do I need an attorney to file a Notice Of Right To A Lien? |
| A. In most states, Notices and Construction Liens can be filed by the individual business or their agent, and does not require an attorney. It does require thorough knowledge of the process, time requirements, formats and that the acceptable serving conditions and methods be satisfied. However, this process is not considered to be practicing law. Therefore, no attorney is required. |
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Q. When should you send a notice? |
| A. Each state has its own laws determining the timeliness of the notice of right to a lien. In Oregon, to ensure that your lien rights are protected for the enitre job, the notice needs to be mailed within eight business days (this does not include weekends or holidays) from the start of the job. Far West Credit Services stays current on the state laws and filing requirements for our clients. Generally at time of delivery material providers and subcontractors should have the notice process in place. A Notice can be sent at any time during the job, but the time period in which your lien rights are covered include the eight business days prior to the sending of the notice until completion of the job. |
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Q. Call Toll Free: 1-800-792-0036 |
| A. What is the purpose of a Notice of a Right to a Lien?
A Notice of Right To A Lien (also known as the Notice to Owner or Materialman's Notice) establishes the legal right of the business entity providing products or services which improve the value of the real property, and "ARE NOT" in a direct contractual relationship with the owner of real property, to file a Construction Lien against the title of the property and, if necessary, bring a foreclosure suit against the property in order to recover the value of the products or services provided. |
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