Menu
Home>Levelset Community>Legal Help>How Can I protect myself against a fraudulent lien

How Can I protect myself against a fraudulent lien

MontanaLien PriorityPayment DisputesRight to Lien

Hello - I hired a handyman to build a deck for me on my property. He made many mistakes that I kept having to identify and have him fix performing very poor work, and over inflated his labor charges. He could have also over charged me for materials as I never saw those bill and things would need returned and he claimed he didn't charge me, but I would never really know. He never put down how many hours he worked on his weekly bills just a large lump sum of money. I started questioning it on his last bill after many mistakes were made and the bill was getting out of budget. So I made him report on his hours and what he was actually doing. His last bill was way out of line and I was over charged. He did not have an explanation for it and I did refused to pay that labor in full as it wasn't accurate. He has now been threatening me in many ways, one of which is to file a lien on my house starting now. He never had a contract or anything in writing. He also convinced me I didn't need to get a city permit. Does he have any ground to stand on and what can I do to protect myself and my hard earned investment? Thank you, Tiffany

1 reply

Jul 14, 2020
Montana mechanics lien claimants don't need a written contract in order to file a valid and enforceable mechanics lien. Though, a contractor can't file a claim for more than what they're owed, and they'll need to provide some basis for how they calculated the amount of their mechanics lien claim for it to be valid and enforceable. Regardless, a contractor can file a lien claim even if there's a dispute over the amount owed and even if their workmanship is in dispute. Of course, an owner is also entitled to challenge that lien claim on any number of bases - and, if a bogus claim was filed, then it's possible the claimant will face additional liability for filing an improper claim. Further, if a lien does get filed, then bonding off the lien will be an option for protecting the property from the lien claim in the interim. More on that here: Lien Release Bonds: Bonding Off a Mechanics Lien. In addition to the above, these resources should be useful: (1) I Just Received a Notice of Intent to Lien – What Should I Do Now?; and (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?
0 people found this helpful
Helpful