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mechanics lien

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Laurat93

Guest
In July 1999, we had a plumbing leak that the homeowners insurance had agreed to pay. We had the work done and the insurance paid their part of the bill. The company that did the repairs told us that they would bill us for the remaining balance. Ater 3 months of no bill, my husband contacted the plumbing office and was told that they would check on it. This continued. After 6 months, my husband continued to contact the company and was told the bill would be sent right away. We finally received a bill in Feb 2000 for the amount we owed plus an additional charge of $345.00. I contacted the office. I first talked to the gentleman in charge and he was rude, used foul language and made threats. He stated that if we did not pay our bill, they would undo the repairs made to the house without our permission, even though that meant they would have to enter the house. It turned out that he had no idea what their company had done to our house, he didn't know who I was or when work was finished on our house. I explained to him that our insurance company had sent us a claim showing the work that should have been completed and the total repair cost. The plumbing company left holes in the walls, open/sawed off pipes sticking out everywhere, they destroyed the back wall of the house and broke our vanity in the bathroom, which we had just installed 2 months prior. It turned out that the plumbing company did more damage to our house than they did in repairs. And they were now saying that an agreement was made with my husband that they would only do some of the repairs and my husband could do the rest. The company would then charge the insurance company full price so we would no have to pay. Which is insane because my husband knows nothing about home improvements and the insurance company was going to pay the total amount in the first place. So, they said the bill had an additional amount added to it because they forgot to submit that amount to the insurance company. They agreed to submit it to them and send us a bill for the remaining balance. A month later, we receive a notice of a mechanic's lien placed on our house. Is there any way we can fight this? We have been trying to resolve this and the company keeps giving us the run-around, not even knowing about the work done and now making up stories and making threating and harassing phone calls. We have every intention of paying the balnce that we owe, which is $600.00, but we want a legitimate bill for that amount. They are charging us $1,380.05. An help would be greatly appreciated.
 


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Tracey

Guest
I'll just bet that they waited WAY too long to file the lien, and that the lien is so invalid on its face that they are going to have to pay you damages (maybe even triple damages) for filing a false lien (time & amount).

Go read the CA statutes on mechanic's liens, then sue them for false liening. At the same time, sue them for the damage they did to your house and maybe for unfair debt collection practices. The small claims court judge will not like their business practices. They will almost certainly end up owing you money.

Start taping your phone calls with them. Make sure you hit record and then say "I'm going to tape this call." Save the tapes; they may come in handy.


Good luck,
Tracey

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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.
 

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