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Can a company file a lien against me?

Arizona

Long story short, this is an owner occupied, one family dwelling. We had a small leak and a water restoration services guy showed up unannounced (plumber had given me his number but I had no intend to call). We let him in and he trumped up the damages but said he'd give me 24 hours free so I could decide what to do since I was hesitent on the phone. He just said he needed a text to authorize dropping off equipment. So, I sent the text but never signed anything with this company and there was never a contract. The next day, he claims more damages. I pull in another professional to double check, who confirms the original guy lied. I tell the original guy to cease service within that 24 hours. Anyways, I got a $6k bill from them last week, and I just got an intent to file a lien with a 10 day notice (giving me just a few days to pay, if I intended to pay the fraudulent charge that it is).

1 reply

Oct 14, 2020
In Arizona, a contractor cannot assert a mechanic's lien against an owner-occupied residence unless there is a written contract. The only possible wrinkle in your scenario would be the text message. Theoretically, depending on what the text says and what your response to the text says, the contractor may be able to argue that the text constitutes a written contract. That is unlikely, but not impossible. Please note there is a fine of up to $5,000 against contractors who assert wrongful mechanic's liens against property.
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