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Home>Levelset Community>Legal Help>Hello, I am a former employee of a General Contractor in NYC. I was in a Senior Position at my company but an employee at Will. Owing to a unique situation I was asked to help make payroll for some employees for about 10 weeks. I obliged and gave my personal money in “good faith” with the promise of getting repaid. I subsequently got laid off and I still have not received my money back. My question is, can I place a Lien against my former compan’s ongoing projects (that I helped fund) Thank You

Hello, I am a former employee of a General Contractor in NYC. I was in a Senior Position at my company but an employee at Will. Owing to a unique situation I was asked to help make payroll for some employees for about 10 weeks. I obliged and gave my personal money in “good faith” with the promise of getting repaid. I subsequently got laid off and I still have not received my money back. My question is, can I place a Lien against my former compan’s ongoing projects (that I helped fund) Thank You

New YorkRight to Lien

Former employee who lent money to company to facilitate payroll. Got laid off without re imbursment. Can I file a Lien (Mechanic’s or otherwise) against ongoing projects that I helped fund?

1 reply

Jan 30, 2019
I'm sorry to hear about your situation. While mechanics liens are a common tool for recovering payment in the construction industry, mechanics liens are designed to recover payment for work performed and unpaid that has permanently improved property. In a situation where a debt is owed for some reason other than the performance of construction work, mechanics liens are likely not the most appropriate remedy. What's more, mechanics liens attach to the project property - not to any individual or to any business. Of course, that doesn't mean some other claim, encumbrance, or right doesn't exist that could help to compel payment - and there are a number of online resources available that might help clarify how best to recover payment in your situation. Particularly, Avvo.com comes to mind. At Avvo, lawyers are available from all different practices in all different locations, and their website allows individuals to ask questions to receive legal information and even legal advice, plus it's easy to compare or even hire attorneys based on a number of different factors. Good luck!
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