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How big are my chances to dispute the lien?

WashingtonLien ReleasesMechanics LienPayment Disputes

I am the owner of the house that I'm building without a General Contractor. In July 2019, I hired a subcontractor to perform the rough plumbing for my house. This plumbing company was recommended to me by my friends. I received a quote from them by email, which I accepted, and they started work. When the job was finished, I received an invoice from the same email address to $26k, as we had agreed at the beginning. On the same day, I wrote a check for the whole amount and sent it to their address by mail. The next day I received an email from the same email address with a request to pay them ASAP. I replied that I had already sent them a check. They ask me to cancel the check because their mailbox was not secure and make a wire transfer. I went to the BofA branch, canceled the check, and made the wire transfer on the name of their Company to the Wells Fargo Bank's account, which they indicated in the email. A few days later, I received a phone call from their accountant whose signature had been on all these emails, and she told me that the last letters I had received were from scammers, who hacked her email. I hurried to the BofA branch, and we called the Wells Fargo Fraud Department and sent them the request for a refund. In one week, I received $8k as a refund. With BofA manager, we request information about the rest of the amount but received a refusal because they do not provide information about the accounts that don't belong to me. I gave a check to the plumbing company's owner with $8k that had been refunded to me. Now they filed a lien on my property and demand that I pay the remaining amount. They haven't submitted any evidence that it was a scam, that the account indicated in their email doesn't belong to them. On the contrary, I have all proof that I transferred the whole amount according to instructions I had received from their email, which they, by the way, use to this day. How big are my chances to dispute this lien?

1 reply

Jul 1, 2020
If payment wasn't actually made to the plumber, then the chances of disputing their lien would seemingly be low. But, if they did receive the funds, then the chances of disputing that lien would be extremely high. So, ultimately, the most important factor would be to try and determine who, exactly, received the wire transfer. With that being said, if the wire transfer instructions came directly from the plumber's email/their office email - that'd seem to point toward something fishy going on or could at least warrant further consideration. Also, keep in mind that there are a litany of other issues which could derail a mechanics lien claim. Levelset discusses some of them here: The 4 Worst Mechanics Lien Mistakes Made by Contractors and Suppliers. Unfortunately, I don't have much experience in this area - but consulting a Washington construction lawyer could provide more clarity here: Find a Washington Construction Lawyer. Additionally, this article should be helpful:  A Mechanics Lien Was Filed on My Property – What Do I Do Now?
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