I was hired to do painting in a house in Atlanta Ga. Employer left me on the job and he was going home to Augusta Ga. and got into a high speed chase and wrecked the truck then went to jail. I had to stay in Atlanta 4 days and finish the job. I haven't got paid and hes going to prison can I take a lien out on the property how can I get my money?
So long as you completed your work within the past 90 days, you have the right to file a lien. In Georgia, the lien is a statutory form, so make sure you use the correct form. The lien laws are very strict. Any slip-up may inavlidate your lien. In this particular case, the question may be whether the property owner is able to pay, but the lien is good for a year. So, even if the owner is detained for a while, your lien will remain valid. Eventually, you will have to file a lawsuit to perfect your lien. This lawsuit must be filed within a year of the filing of your lien. If you fail to timely file your suit, your lien will no longer be good. The first thing you need to do is determine who actually owns the property. If the the person who contracted you to do the work either owns the property or was authorized to hire you by the owner, then you can file the lien. Once you file your lien, you also have to send written notice of the lien to the owner within 2 business days after filing the lien. All of these requirements are conditions to the validity of your lien. So, take care to adhere to the requirements.