mechanics lien

[sdwhite]

contractor who never finished work, has applied a mechanics lien on my property for 25,000. i have all receicts, cancelled checks, etc. for proof of payment. My lawyer wants me to go after HIS lawyer through the Bar, instead of going to court. Is this the right move? The contractor has NO basis for the lien whatsoever, and his lawyer knows it, but is proceeding anyway.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by sdwhite:
contractor who never finished work, has applied a mechanics lien on my property for 25,000. i have all receicts, cancelled checks, etc. for proof of payment. My lawyer wants me to go after HIS lawyer through the Bar, instead of going to court. Is this the right move? The contractor has NO basis for the lien whatsoever, and his lawyer knows it, but is proceeding anyway.<HR></BLOCKQUOTE>

You should do both. By going to court you can argue that the lien is frivolous, tell the court that the contractors attorney is a scumbag and legally dispute the lien. Go to court and prove you case, or lose your rights.

 

[Tracey]

Do both. I don't know your state, but in Washington, the attorney would be disciplined by the bar & fined by the court, and the contractor would be liable to you for triple damages for knowingly filing a false lien. Sic 'em!

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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.