ac contractor broke the ac disconnect box and took the disconnect with him and I was wondering if the court will allow him to put a lien on my house for remaining money for the unfinished work
Sep 12, 2018
I'm sorry to hear that. First, it's worth mentioning that regardless of whether the underlying lien would be valid, a lien filing is certainly possible. Liens are recorded with the county recorder's office, not through legal action, and county recorder's offices typically have neither the authority nor the bandwidth to investigate individual claims. So, if a claimant decides to file a lien, even for a dispute that should not give rise to lien rights, that claimant may actually be able to file the lien. However, in Georgia, filing a fraudulent mechanics lien can result in serious legal penalties for a claimant. To fend off a lien claim, warning a contractor of the legal consequences for a fraudulent lien filing might be a good first step. Another helpful step could be to consult a local construction or real estate attorney - they should be able to review the facts of your situation and any relevant documentation or communications to help advise on how to proceed. If a lien is filed, Georgia property owners have a valuable tool at their disposal - a Notice of Contest of Lien. By sending a Notice of Contest, a Georgia property owner more or less "dares" the lien claimant to make their move. When it is sent, a claimant must enforce their claim (meaning: file a lawsuit on the claim) within 60 days. If they don't, the lien will be discharged. Obviously, this can be a high-risk, high-reward maneuver, so it's important to evaluate the lien claim and other potential options before escalating the dispute. Again, seeking the advice of a local construction or real estate attorney can go a long way in evaluating a claim or potential claims. Good luck!