We paid someone to paint our home and now two months later they're demanding more money and want to put a lien

Question

We hired someone to paint our home two months ago and paid them without seeing their work. They did a horrible job and refuse to refund any of our money, after I threatened to sue them they are now lying and saying that we owe them more money that they never previously asked for. They say that the are going to put a lien on our home if we don't sign a contract stating that we were satisfied with their work. Also, everything was verbally done and nothing is on paper. Can they legally put a lien on our home with no proof that money is owed to them??? It doesn't seem fair that anyone would be able to put a lien on anyone else's home. Please help me!!!Thanks

Thanks for all of your advice.

My fiancee unfortunately paid them in cash and we spent over $2,000 in labor and supplies- this guy seemed like a nice guy until he ran off with our money. We've decided to take this guy to small claims court and have tons of pictures of the terrible work that he did, there's paint all over our ceilings and trim, paint on our carpet and floors, and the paint is already peeling off the walls.

My fiancee called him and asked for a receipt for the $1200 that we paid him for labor, which the painter said 'yeah I'll get with you this weekend' and then called the next day and threatened us with putting a lien on our home because now claims we owe him more money. This guy doesn't have an actual company and another guy from my fiancee's work recommended him to us. He only does painting part time.

Once again thank you so much for all the helpful advice!!!!

Also, we have it recorded that he said 'yeah' to providing us with a receipt of the $1200 that we paid him.

Answer 1

This is the main reason why you should always have a contract and pay by check. In order to place a lien against your home they have to go to court - and they won't. If they do; either hire an attorney or if you can't afford one just go and explain your side of the story to the judge. Make sure you report them to the Better Business Bureau and your municipalities Department of Consumer Affairs.

But whatever you do - don't pay these BS artists another dime; no matter what they say.

Answer 2

Take pictures of the shoddy work, then take them to court before they take you to court. File a complaint with your better business bureau. Whatever you do DON't sign any kind of contract. It sounds like you may have had a verbal contract with them in the first place, so why would you sign anything now for them? Do you have a copy of the check you gave to them? If they accepted and cashed a check, then they accepted pay for the job - end of deal!. You sure need legal help here. I say get them BEFORE they get you! Who recommended this painter to you? Surely your relatives or neighbors would be able to confirm that you had some sort of agreement with this person if you talked about having your house painted to anyone. Go straight to your county attorney's office and tell what is happening to you or go where your better business bureau advises you to go. This person is harrassing you and trying to scare you into doing something you shouldn't. If you are female, then get the assistance of someone with some power behind you and to back you up! If you are elderly, then complain loud and clear about this matter to the authorities. I wish you luck and hope it all goes well. I HATE BULLIES! Hey, why not tell your story to the local newspaper or to the local television station???

Answer 3

Write a letter to them, not a phone call. Send the original letter registered.
Write all the particulars that you can. Tell then that should they place a lien on your property, the next correspondence will come from your attorney.
A lien can be illegal and you can sue. For what IDK, they probably have no assets.

At the bottom, below your signature,

Copy: (The name of your DA, city)
This does not have to be actually mailed. There are no laws against bad workmanship.

Keep a copy.

Answer 4

It happened with me too. These were cheap workers so I did not have a written contract. They did not do a good job rather I caught one guy stealing from my house. When I confronted the other guy pulled a lighter which had knife at the other end, I was alone, I did not get scared and diffused the situation. Be careful with these type of people....

Answer 5

Shade tree painters. They can't do a thing to you, but you can report them to the BBB or call the police and make a police report. They don't have any authority to do a thing to you. The worst thing that has happened so far is you lost probably a good deal of money and got shoddy work for it. Do everything you can to get rid of these vermin and don't worry. They can't touch you.

Answer 6

Lesson well learned (I hope)

They cannot do anything to you since you have no paperwork.

If the work they did was over a certain dollar amount they can be prosecuted for practicing without a license.

Call your registrar of contractors and find out what the "handyman clause" amount is.

Next time these knuckleheads contact you, tell them you're going to report them to the registrar of contractors for working without a license.

I would also go to http://www.RipOffReport.com and report them so other don't get ripped off.

Answer 7

total scam. the good news: they've got nothing on you. don't sign anything. get a lawyer. the bad news: you're not going to see your house painted without paying for it again. this same type of thing happens a lot......happened to me and a few of my friends......and the only garuntee i can make is that you'll never see any of that money again. sorry. but go after them anyway, for as long as it takes to hurt them, because that's the only way they'll stop. these people don't sit around and wait for one scam to resolve itself before starting more......they're already doing this to someone else just like you.

i wish you the best of luck.......show those bastards that it takes more than bs legal threats to take you down.

Answer 8

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Answer 9

i hope you have a contract with them and receipt of payment.
it's not as easy as just putting a lien as they would like you to believe. they need to proof of non payment too.

Answer 10

I think you're screwed and not getting your money back. They have no claim against you either however. From now on, get it in writting first.

Dont sign anything they offer you. Cut your losses and move on.