Home>Levelset Community>Legal Help>How can I get a meritless mechanic's lien vacated?

How can I get a meritless mechanic's lien vacated?

The electrician's estimate on the project was $13,000. I paid the $13,000. Then he later asked for $13,000 more. Then after the project was finished, he submitted another invoice for $13,000 more. I have asked him for a detailed accounting of how he came up with this. He has refused to respond and filed a mechanic's lien. I'm appalled that he tripled the cost of the project with no discussions along the way. I feel like I'm being gouged. Any advice?

1 reply

Dec 2, 2019

When a mechanics lien has been improperly filed, there are a few different options to get that lien removed from the property title. Before diving into those options, here's a resource that might be valuable: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

How to get an Idaho mechanics lien removed

For one, the fastest and easiest way to get a mechanics lien taken off of the property title is to have the lien claimant remove the lien themselves. By threatening drastic legal action against a claimant who's filed a fraudulent lien claim, an owner may be able to have them release their own lien. This is especially true when done via attorney letter. Fraudulent or excessive lien claims can lead to serious liability - even criminal liability - so claimants will generally want to avoid that, if possible when they know their lien is suspect. Further, note that Idaho property owners can also bond off mechanics lien claims that have been filed against their property. By securing and filing a mechanics lien bond, an owner can essentially discharge a lien from their title and have it transferred to the bond they've secured. This won't make the claim disappear, per se, but it will at least free up the property. Further, if a claimant still wants to pursue the claim, they'd need to do so via lawsuit - which would be more expensive and complicated, plus it could expose the questionable nature of the claim. Finally, note that a property owner can always challenge a filed lien claim via legal action. Filing a lawsuit is certainly not something owners get excited about, but it's likely the most effective way to combat a lien claim after one has been filed.

0 people found this helpful

Helpful