An free of charge contractor may list a mechanic's lien against a homeowner's Belongings.
A mechanic's lien is a legal remark against the designation of your Belongings for autonomous donkeywork that was done by a contractor or subcontractor on either essential Belongings or personal Belongings. When a dilemma arises from non-payment, laws that remit you to contest mechanic's liens vary from homeland to kingdom. Whether enforced, a mechanic's lien could fury the sale of the embodied Belongings (your house) or personal Belongings (valuables) to pament the excellent state. The laws and particulars on filing and contesting a mechanic's lien vary, nevertheless the procedures are coincident among most states.
3. Attend the hearing with all documentation, witnesses, and corroborating information that you feel support your claim. Put your argument in writing and make copies of all relevant documents, including pictures if they help your case, and submit to the court as evidence. The contractor will present his side of the case, along with documentation and anything else he feels supports his lien.
It might not be expenditure a court brawl and worthier simply to remuneration the payment, especially whether the grindstone meets industry standards and the extent of resources isn't appreciable.
Negotiate with the contractor or lien holder regarding any problem over workmanship, value or any other profession that you aura wasn't adequately performed under terms of a Business agreement, or any issues you palpation weren't satisfactorily addressed. The guiding enactment is if the functioning performed complies with the terms of the Business agreement and regular industry standards.
If you can reach a negotiated settlement, put it in writing, with both you and the contractor signing it in front of a notary. Make sure the lien holder withdraws the lien by filing the agreement with the court in which the lien was filed.
2. File a motion with the appropriate court if negotiations fail. In most states, the motion for a hearing would usually be filed in commonwealth or superior court. For smaller claims, small-claims court might be the right place to file. Check with the clerk of courts in your area.
In your filing, state the reasons why you believe the lien is invalid. For instance, the contractor might have overcharged for the work, performed work not specified in the contract, or done shoddy work. Ask the court to set a hearing date and to require the lien holder to seem in court to show cause for filing the lien.
Instructions
1. Weigh the fee, epoch and legitimacy of your dare against the bigness of cabbage at problem.4. Adjudication and removal of the lien lies with the judge. After she has heard arguments and evaluated the evidence for both sides and determining that the lien and your claim were both made according to procedure and met the court's rules, the judge will enter an order for one party or the other.
If the judge finds that the lien was not filed properly or in a timely fashion, or if the contractor doesn't appear at the hearing, she will automatically order removal of the lien.
If the judge finds that the terms of the contract were met, she will probably order you to pay the outstanding amount due on the contract plus court costs and possibly legal fees for the contractor. Once you comply with the order, the mechanic's lien will be removed.
