Posted by eric on March 22, 2005 at 17:11:46:
Check to see what the laws are in your state regarding mechanics liens. In CA, a subcontractor is required to file a preliminary notice before completion of work in order to lien the property afterwards for non-payment by the contractor. You may check to see if your state has a similar law.
fighting a lien - Posted by ken
Posted by ken on March 19, 2005 at 17:11:40:
I hired a roofer to replace my roof. With no contract and paying before he finished I noticed he did not use “Ice shield” around the edges. He became defensive and combative. This was around 3 months ago. But I let him go and just put it behind me.
Today I get a letter from his Dumpster company saying he did’nt pay them for the dumpster rental and they are going to place a LIEN on my home.
Can they do this? I didn’t hire them! I NEVER authorized them verbally nor in a contract to bring this enormous tank and crack my driveway. He is their customer not me! Please,can somebody tell me how to stop this seemingly legal blackmale?
Re: fighting a lien - Posted by Tom-FL
Posted by Tom-FL on March 19, 2005 at 21:12:13:
Not good enough. Think a little harder. Try to recall the last date the thing was on your property.
Why? Well, in Florida at least, 90 days is the cutoff for filing of mechanic liens (and few other states as well).
By the way, what IS your state? That might be helpful.
Did you actually get a simple letter, or was it a court document? Big difference there.
Here’s a page with links to 50 states lien laws.
Re: fighting a lien - Posted by ken
Posted by ken on March 19, 2005 at 22:30:10:
It was a letter sent from the Waste container company,not a court document. The date is close to the 5th of January. My state is Georgia. The dolar amount is $201.00. Please let me know if you have any tips and thanks for the link. Ken
Re: fighting a lien - Posted by Tom-FL
Posted by Tom-FL on March 21, 2005 at 23:16:07:
You may want to consult with a local attorney on this. I really don’t see it going anywhere though. The rental outfit in all likelyhood has a valid claim. Doesn’t seem fair, but that’s how it works. You may or may not defeat it in court, but it will cost you a whole lot more than $201 to test your case.
Best bet might be to just pay it and file in small claims against the contractor.