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How can someone place lien when we just received the bill 3 days eariler.

North DakotaMechanics LienRight to Lien

We hired a gentleman to clean up our basement after the septic backed up. We asked about how much he said less than $800. During this time he asking could he stay at the house during the winter. Its empty were fixing it up. He said he would stay there and we pay him $1000 a week plus free place to stay. We informed him we cant afford that well after that he was rude and we received a bill for twice as much when we asked why he sent another bill charging us $225 more for a lien we just received the bill 3 days before. Can he do this and on top of all this he didnt complete the job left it worse were going to have to hire someone else. Is it an empty threat. Seems like he shouldnt be allowed to do this. We told him we would pay fair price there wasmt a contract and he cant double it and not even do the job. Plus he put down ge worked 14 hours he didnt . Sorry so long just frustrated and when my wife tried to talked he talked to her like she was 2 years old even starting f explaining how water runs down hill. Not professional by any means. And he isnt licensed we found out .help please

2 replies

Oct 1, 2019
North Dakota doesn't require that any certain amount of time passes before a mechanics lien can be filed. Rather, if there are amounts that are owed but unpaid for work that's been performed, a lien claimant can ultimately file their lien. Of course, providing a bill then immediately filing a mechanics lien is counterproductive behavior, and it goes against the very nature of mechanics lien rights. Lien rights are supposed to be a backup tool - sort of like the nuclear option. They're supposed to be the last resort for those who perform work but are struggling to be compensated for that work. So, sending a bill and then filing a mechanics lien a mere 3 days later, while not necessarily against the rules of the South Dakota mechanics lien statute, is certainly against the spirit of lien laws. Improper and fraudulent lien filings With the above being said, overstating the amount of a lien claim will typically render a mechanics lien invalid and unenforceable. And, when the amount of a lien claim has been knowingly, willfully, or even intentionally exaggerated - a lien claimant may even face liability and criminal penalties for a fraudulent lien. In a situation where a mechanics lien is filed for work that hasn't actually been performed, and/or where the lien has clearly been exaggerated and gone above and beyond what's owed, an owner should be able to successfully challenge a filed mechanics lien. And, the mere threat to challenge the lien - along with demanding damages, alleging other penalties etc. - can help coerce a lien claimant into releasing their own lien. This is especially true when a demand to release the lien comes from an attorney, alleges specific errors in the claim, and specifies that certain damages will be due as a result. Bottom line Mechanics liens are powerful, and they can have a drastic impact on the property owner. When a mechanics lien has been filed - especially one that may be fraudulent - it's typically wise to consult a local construction attorney. They'll be able to review all of the relevant documentation and work performed then advise on how to proceed with the dispute.
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Jan 25, 2021
Thank you so much we felt is was fraudulent as well. I also forgot to include we never received any paperwork claiming intent to file a lien on an note on a bill saying P.S. a lien has been placed nothing more. And no paperwork saying has been placed. And the lien amount also included the $200 filing fee . But our problem also is we tried to talk to an attorney a few havent even returned our calls and one who did asked for more than the lien as a retainer fee. Were so upset we feel its extortion and sad anyone without proving what they say is true can just walk in a file a lien. Any suggestions on an attorney in Minot ND. Thank you again.
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