The owner paid your customer but your customer won't pay you...

If your customer won't pay you, a properly processed/served Arizona 20 day Preliminary Notice allows you to file a lien on the Owner's property even if the Owner paid your customer.

The preliminary notice form notifies the property owner that 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 his/her property being improved may be placed against the property.

Ultimately it's the Owner's responsibility to make sure that everyone who served an Arizona 20-day preliminary notice gets paid so yes, even if the Owner has paid your customer, if your customer won't pay you then you still get to file a lien (provided you served the 20-day prelim).

This may mean that the property owner has to:

  • Require conditional and/or unconditional waiver and release forms
  • Pay bills with joint checks
  • Place phone calls to the parties who served preliminary notices to verify that they have indeed been paid
  • Use any other method or device which is appropriate under the circumstances
That's why you still file a mechanic's lien if your customer won't pay you, because the owner didn't do what he was supposed to do, which was to make sure that you got paid.

He can't say that he didn't know you were owed money, because you sent him a 20-day preliminary notice which told him that you are present on the job.


Arizona Preliminary 20-Day Lien Notice Form
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Don't risk your lien rights any longer. Today, right now, purchase and download your copy of the Arizona Preliminary 20-Day Lien Notice Form!


Additional must-know information about Arizona Preliminary 20-Day Lien Notice Forms -

1. Arizona Preliminary 20-Day Lien Notices and conforming to the law
If your Arizona preliminary 20-day lien notice form doesn't have the correct text and/or isn't mailed per Arizona law, you may end up without lien rights

2. Arizona preliminary 20-day lien notices protect your lien rights
If you don't do an Arizona preliminary 20-day lien notice when working on or supplying material/services to a project in Arizona, you may end up without lien rights

3. Arizona 20-day preliminary notices may protect you from being "stiffed" on a construction project
A mechanic's lien may be your last chance to getting paid but if you don't do the Arizona preliminary 20-day lien notice then you'll probably not be able to file a mechanic's lien

4. Arizona Preliminary 20 Day Lien Notices and the Owner's responsibility
If the Owner paid your customer but your customer won't pay you, you'll still file a mechanic's lien on the Owner's property because ultimately it's the Owner's responsibility to make sure you get paid (This is the page you're on right now)

5. Arizona Preliminary 20 Day Lien Notices, the 20 day mark
An explanation of what the "20 days" in the Arizona preliminary 20 day lien notice means and how it affects you

6. Who gets a copy of your Arizona preliminary 20-day lien notice form?
A list of entities who are supposed to receive your preliminary 20-day lien notice and how to go about obtaining that list


Disclaimer: While every attempt has been and will be made to keep the information at this website accurate and up-to-date, we do not represent ourselves as experts. For specific legal questions and/or expert assistance we recommend that you contact an attorney.