Lien

[Ellenmw]

A plumber who claims monies are owed him above the amount already paid continues to send statements (8 months'worth), saying things like "judgment has been filed," even though he has not filed suit. His most recent statement says, "lien has been placed on property." It makes me very nervous! Can he do that? Thanks.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Ellenmw:
A plumber who claims monies are owed him above the amount already paid continues to send statements (8 months'worth), saying things like "judgment has been filed," even though he has not filed suit. His most recent statement says, "lien has been placed on property." It makes me very nervous! Can he do that? Thanks. <HR></BLOCKQUOTE>

Yes can, Aparently he feels that there is more money due him. Have you just ignored hi? You need to send him a written response back stating your position that he has been paid in full and enclose copies of the cancelled checks etc.

 

[Ellenmw]

Have you just ignored hi? You need to send him a written response back stating your position that he has been paid in full and enclose copies of the cancelled checks

When I paid him, I sent him an extremely detailed letter explaining the basis of my payment and why I considered it to be (generour) payment in full. Do I need to do this again? Is there anything else I need to do? Many thanks.

 

[Lynnette]

Evidently the contractor disputes whether he was paid in full. The lien is now attached to your property and you will be unable to sell it without paying this contractor debt. I would suggest consulting an attorney to fight the lien (presuming that it's in error). Otherwise, offer to settle with him. In the future, ask any hired contractors for a "Release of Lien" when work is completed and final payment is made.

 

[Ellenmw]

The lien is now attached to your property and you will be unable to sell it without paying this contractor debt.

Can I verify that he has actually placed the lien? He so indicated in handwriting on a statement, and in the past he has also handwritten things such as, "Judgment has been filed against you," when in fact no court case was ever brought. (My attorney, whom I could not reach Friday when I received the statement, said then that he was just trying to frighten me.)

 

[Tracey]

Read the NY mechanic's lien laws. A contractor is required to file the lien within a certain number of days from the last day he did work on the project. In Washington, he has 90 days to file. Also, if he files a lien, he probably has to send you a copy by certified mail within 2 weeks of filing. If the time for filing has passed, or if he misses the notice date & the filing deadline passes in the meantime, he can't file a lien. He'll have to sue you directly. However, you'll probably come out ahead if you sue him in small claims. The judge will settle the matter & order him to release any lien he's filed.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!

[This message has been edited by Tracey (edited October 21, 2000).]

 

[Ellenmw]

-Read the NY mechanic's lien laws. A contractor is required to file the lien within a certain number of days from the last day he did work on the project.

Many, many thanks. Tracey. In NY, he had 8 months to file, and that date passed in August.

-Also, if he files a lien, he probably has to send you a copy by certified mail within 2 weeks of filing. If the time for filing has passed, or if he misses the notice date & the filing deadline passes in the meantime, he can't file a lien.

I've had no notice or copy of any lien, except a handwritten note saying that he filed.

-He'll have to sue you directly. However, you'll probably come out ahead if you sue him in small claims. The judge will settle the matter & order him to release any lien he's filed.

Will try to reach attorney first thing Monday, but did you mean that I should sue even if he did not actually file a lien?

Again, many, many thanks.


[This message has been edited by Ellenmw (edited October 21, 2000).]

[This message has been edited by Ellenmw (edited October 21, 2000).]