What's involved in placing a lien?

Question

well it had to happen sometime ...

How does a contractor go about placing a lien on my property. We are having an argument over the lies he told me. He said "the police are interested in the issue" which is BS. They could care less, they are notorious for ignoring problems.

He refused to pay the $7 fee the bank charges to cash non-account holders check.

So should I worry about it or rely on his lack of sophistication? He's honesty-challenged ... and in the midst of a divorce with 5 kids and asked me to pay him in advance so he could buy gas to get to the worksite. 😠 thats a new one!

When i looked up info on INternet there were pages full of 3rd party companies charging money ot explain how to do it but no official site.

Jane S. · Answer

never got the paid in full receipt but i have the venmo receipt and he has nothing in writing from me. Hes posting on social looking for mowing etc. so thats fine hell get busy and forget about it. thanks all for your help.

Jane S. · Answer

thanks he agreed to accept a lower fee and pay the cost for the stop payment but he canceled his Venmo and I have to veno tghe payment to his wife who will soon be his ex ... so he agreed to send me a "paid in full" invoice we'll see

I will get a Receipt from Venmo which should cover it.,

David M. · Answer

@Jane S.

A "mechanics lien," as its generally called should be pretty easy to file.  He just goes to the County Clerk and files it, just like filing anything else, a mortgage/Note, deed, etc.  However, as mentioned, getting it to stick is another thing.  It might hold up a sale or financing since the Title company or lender will see that there is a lien there.  So, it could just be a hassle to get it off.

However, if the person is "challenged," I wouldn't worry.  Sounds like from your post he is all 'hot air.'  If he can't buy gas to get your worksite, I'm guessing he won't be making it to the County Clerk...

Good luck.

Chris Seveney · Answer

@Jane S.

In many jurisdictions if the contractor does not have a license a lien is not valid. I typically do nothing and will let it expire or you can bond over it. He would need to sue to get a judgment which if he is not owed the $ he would not get.

Honestly I would ignore him- then later file to have it removed

John Underwood · Answer

You should always get a release from a contractor saying he is paid in full when you write the last check.