My husband and I have been having trouble with these two guys, Mike and Joe. Mike was hired to do vinyl work on houses we were building but hired Joe to do it for him. He did not pay Joe and tried to blame it on my husband. My husband showed Joe proof that Mike had been paid for the job; however, Joe threatened to put liens on the houses until he got paid. He even tried to coerce my husband into paying him because my husband was the one with all the money (Joe's exact words). He and my husband nearly get into a physical fight, when Joe backs down, not realizing how upset my husband was going to get. My husband then calls Mike and tells him to write a check for Joe and that Joe would wait until the end of the week to cash it. Joe apologizes to my husband and leaves. The very next day, Joe calls my husband and tells him he's going through w/the liens. He never tries to cash the check. I don't know what else to do other than hire a lawyer. Any advice to a wife at her wit's end?
2006-12-11 12:48:04 · 8 answers · asked by herefordsun 4 in Business & Finance ➔ Renting & Real Estate
Hire a lawer!
It sounds like they might be both in on it. 'Double dipping'
You pay one for work & he hires #2 to do it. Then #2 claims he never got paid, bullies you until you pay him too. They both split the loot, getting paid twice.
When dealing with ANY transaction, get ALL parties involved to sign reciepts for everything!
2006-12-11 13:04:40 · answer #1 · answered by Mintee 3 · 0⤊ 0⤋
Well to start with, Joe has no legal standing to put a lein on your home. He was not hired by you, the owners of the home. He was hired by Mike. So it is very hard to understand why Joe would come after you since it was Mike who hired him.
At this point, a lawyer shouldn't be necessary yet. Just have the contract between you and Mike and proof of payment to Mike.
To say again, Even though Joe thinks he can put a lein on your home, He can't.
So let him try, if he comes and start yelling at you and threatening you, call the police.
2006-12-12 14:32:22 · answer #2 · answered by AJ 7 · 0⤊ 0⤋
because your husband hired party #1 the contract is between your husband and party #1. If party #1 then hired party#2, that is a separate contract between party #1 and party#2. These are 2 separate contracts and party #2 does not have legal right to put a lean on your property. Even if this went to small claims, your husband had proof that he did pay party #1 which he had a contract/agreement with. Don't let party #2 intimidate and threaten you. If he could put a lean he would have by now.You should be directing party#2 to party#1.( make sure you save proof of pmt such as bank statemnt showing the cleared chq).
I am not sure of the $$ spent here but I would also seek free legal help.
good luck!
2006-12-11 21:23:19 · answer #3 · answered by sweetness 1 · 0⤊ 0⤋
Hirea lawyer, and get a writtien statement by mike saying he got paid, and that he wrote out a check to joe...
2006-12-11 20:51:53 · answer #4 · answered by Romy 4 · 0⤊ 0⤋
a lien is a simple procedure if you have a contract
and when someone files a lien if approved..
you get a response time
you paid.. someone..with an agreement and have proof
any fights the police can be called and the police will tell him to file with the court..or it is assault
they can not take away..anything in the house..
so even if the lien is accepted...you have proof..they will tell him he is sueing the wrong person and is a subcontractor and to sue his employer..the one you wrote the contract to
hope that all makes sense
do not get into any fights..and do not allow him to remove anything..call the police..
2006-12-11 21:09:37 · answer #5 · answered by m2 5 · 0⤊ 0⤋
To protect yourself and your house you may need to see a lawyer about this because Joe will put a lien on your house
2006-12-11 20:53:35 · answer #6 · answered by Linda 7 · 0⤊ 0⤋
To what I see Joe has no case here.
Because he is not contracted by the owner of the house to do the work.
Get the cheque number that Mike issue, if Joe insist and this somehow go through,
you can provide this information as supporting evidence that you did what you can in this dispute.
2006-12-11 20:56:55 · answer #7 · answered by electricgold2002 5 · 0⤊ 2⤋
What do you mean "hire a lawyer"? You should have had a lawyer involved way before you started building.
I am in a four-year dispute over $50,000 with my late business partner's family because we did not have a lawyer in place when he died.
GET A LAWYER IMMEDIATELY!
2006-12-11 23:11:24 · answer #8 · answered by GreaseMonkey 3 · 0⤊ 1⤋