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Dispute a contractors Lien

I got a letter from a contractor we have been in a dispute with saying he is claiming a lien. We didn't pay him for his services because he didn't complete his service, and ended up doing damage to our yard. His lien he sent a certified letter on is for 125$, the original amount was 75$. We have emails, texts, photos, and witnesses that can prove the job was not completed. Should we send a Notice of Contest to him, or is there some other method of dispute we could use?

1 reply

Sep 18, 2019

How best to challenge a questionable mechanics lien may vary depending on the exact issues being alleged. Unfortunately, the Idaho mechanics lien statute doesn't provide a lot of guidance on how exactly a mechanics lien is disputed. Though, the statute does talk at length about the ability to bond off a filed lien, which might be helpful in getting a mechanics lien removed from the property title. But owners can generally contest a mechanics lien filing by filing an action in court officially disputing a mechanics lien filing. And, before taking that step, it might be helpful to point out the alleged deficiencies with the lien claim and to warn what legal actions will be taken if the lien is not removed by the lien claimant. After all, the easiest and most efficient way to have a mechanics lien claimant remove their lien themselves. When a demand to release a lien features specific legal threats and is sent via attorney letter, it tends to carry a little more "umph". Finally, I think these additional resources might be helpful: (1) A Mechanics Lien Was Filed on My Property – What Do I Do Now? (2) Frivolous Mechanics Liens: Intentionally Fraudulent vs. Honest Mistakes

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