My father has worked for a lady that's a contractor for a Home Building Company. He did some houses for her before Christmas last year. He asked her to pay him for the houses that he's done for her, but she claims that the company hasn't paid her. We went to the company's office today to ask if that was true, and they told us that she has been paid. We want to take her to court, and to put a "Lean" on the houses that my father did for her. How should we proceed? How do you put a "Lean" on the houses?
2007-02-07 08:32:12 · 8 answers · asked by Cindy 1 in Politics & Government ➔ Law & Ethics
It is a "lien". Here is a website with the basic form you would have to file: http://www.ilrg.com/forms/clamlien.html
This explains what a lien actually *is*: http://dictionary.law.com/default2.Asp?selected=1160&bold=
Hope this helps. Good luck.
2007-02-07 08:35:49 · answer #1 · answered by theearlybirdy 4 · 0⤊ 1⤋
I believe what you need to do is put a "contractor's lein" on the house your father did the work for. Depending on the law of the state that you live in - usually you have to go to the town hall in the town/city that the house you want to put a lein on is in. Example: If you live in Oneonta, NY but the house your dad wants to put a contractors lein on is in "Cooperstown, NY" you have to go to "Cooperstown, NY" to file the paperwork. After you do that - the person who owes you money can NOT sell the house without paying your father whatever he is owed first. However, I think there is an expiration for the lein. 1-3 years. Depends on which state you live in. So, if this woman waits, and doesn't sell the house until 2012, your lein will have expired and she would be able to sell the house without paying your dad. So, make sure you find out how long the lein is good for - and do NOT forget to renew it when it expires. If she tried to sell the house while your dad has the contractor's lein on it - when they do a legal and title search - the lein will come up. At that time she would HAVE to pay your dad from the profits of the house. Since the money is held in escrow - the state would take that money out automatically - so there is no way she could be sneaky about it.
Long story short: Get a contractor's lein on the property and make sure you renew it until you get your money.
GOOD LUCK!
2007-02-07 16:46:07 · answer #2 · answered by f w 4 · 1⤊ 0⤋
I would advise you to go see a lawyer especially if you want to lien a property. There are strict protocols for liening property and if they are not followed the lien is not valid. Perfecting a lien is very technical.
If you want to sue the woman you can probably file a complaint in your state's small claims court on your own but I wouldn't go into court with out a lawyer. Most will give you a free consult and you can set up a flat fee agreement or even a contingency if you are worried about it costing too much.
Go and talk to a few lawyers and let the lady know that you are doing it. With any luck she'll get scared and cough up what is owed before it comes to a head.
Don't accept any technical advice on here... nobody can give you detailed advice without talking to you first.
2007-02-07 16:46:57 · answer #3 · answered by C B 6 · 2⤊ 1⤋
It's "lien," not "lean." And you file it by suing her for the money your father is owed. When the judgment comes through, you will have the option of putting a lien on the houses.
2007-02-07 16:43:43 · answer #4 · answered by Bush Invented the Google 6 · 0⤊ 1⤋
It's a lien, not a lean. I think you can go to the local court house and file one where they keep real estate records.
2007-02-07 16:40:09 · answer #5 · answered by Lisa S 3 · 0⤊ 1⤋
You IMMEDIATELY call an attorney who specializes in construction law litigation and/or lien enforcement. Ask other contractors or call your local bar association for references. Lien laws are very strict, very complicated & have very short periods in which action must be taken. "Before Christmas" is already 5 weeks ago. Do it TODAY!
2007-02-07 16:38:50 · answer #6 · answered by Anonymous · 2⤊ 1⤋
Cindy,
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2007-02-07 18:28:09 · answer #7 · answered by citronge69 4 · 0⤊ 1⤋
go to your county courthouse and ask for the petinent office. place a "mechanics lein' ASAP!
2007-02-07 16:35:51 · answer #8 · answered by patriot07 5 · 0⤊ 1⤋