Mechanic's Lien

[tsp4044]

What is the name of your state? New York

I had some plumbing and drywall work done on my house in Sept. 04. The contractor did not finish the job. We did not have a complete contract (nothing signed). We ended up having to hire a new contractor to come in and finish the job. We did pay the 1st guy for all his materials, and for work he actually finished. Originally he put in a claim to small claims court, but when we showed up he dropped the case. Instead, he has filed a mechanics lien on our house.

What can I do to object to this lien? I do not want something like this affecting my credit. I believe this is something that expires in a year or two. We do not owe this guy anymore money, and the amount he is asking for is more than his original bill. Is there a way we can counter sue or something? If we have to pay for an attorney and legal fees, can we make it so he has to pay those fees if we win? Is this a case we would win? Seeing as how we paid for his materials that are in the house, as well as some of the work (that was finished properly?)

Please give any advice you can, I am not sure how this works and what to do from here.

Thank you!

 

[lwpat]

Go down to the ocurthouse and talk to the clerk of court and get a complete copy of the file. Then research the NY statute on mechanics leins. The main thing to check is the time limit for filing. If he did not file on time then enter a motion for dismissal with the court.