Repair man puts a lien on house, but doesn't do repair work.?

Question

A repair man makes a faulty repair on the foundation of a leaking basement. The basement is still leaking. The repair man was called to come back and repair it; he said he would not be able to make it until a few days later (i.e. until the check is cashed). The check is placed on "stop pay" until the work can be fixed. The repair man does not show the day he said he would come back to fix it. He never again calls to reschedule. Then he calls more than a week later to say he is placing a lien on the house because of non-payment. What can I do?

Answer 1

Paladin is precisely incorrect, at least in most states.

Contractors can - and do - put what are known as a workmens' or mechanic's lien on houses, without a requirement of any court action. In the states that permit this sort of thing, it is the home owner who has to go into court to get the lien removed. Often there are quite strict penalties against the contractor if he engages in putting up a phony lien, and refuses to remove it.

Answer 2

Was a Notice of Commencment filed on the work done?

You can contest the lien, but you should hire an attorney, they cannot force you to sell your home. But if you dont do something you will have that there when you do sell the house.

File a complaint, dont let it sit.. do what you can.

Answer 3

He has to take you to court first. Be sure to answer the certified mail and be in court to tell your story. 95% of people don't show up for court and lose by default. It's stupid! The judge won't grant him a lien if you tell him your side of the story.

Answer 4

he can't just place a lien...he has to go to court and get a judgment first.

Answer 5

you need an attorney. sorry that happened to you.