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How do I answer a complaint about a mechanics lien?

We filed a mechanics lien on property my husband did work for 2 years ago. These people are trying everything to get out of paying us and 3 other people. I have been to court and a judge has seen my lien and never said anything with the was wrong with it. 2 years later their attorney wants to say a few things are wrong with my lien and i get the feeling is in hopes we will just drop it and let it go but its over 7 grand so we will not. I can easily revise it and refile it but do I answer the complaint with the correct information or with an attached revision of the entire lien?

1 reply

Jul 14, 2020

If the owner has filed a complaint disputing the validity of your lien, it'd be wise to consult a local Ohio construction lawyer. They'll be able to review the complaint and decide how best to respond to it. Plus, businesses can't represent themselves in court anyway - so a lawyer will be necessary in order to respond. You can begin the search here: Find a Ohio Construction Lawyer. Regarding refiling the lien - mechanics lien deadlines are strict. So, if the work was done years ago, then the deadline to file a lien has passed. Meaning, refiling the lien is almost definitely off the table unless the work has been ongoing. With all of that being said - minor flaws won't necessarily upend a mechanics lien claim. It's common for an owner to threaten serious claims due to minor flaws in a lien, but there's a difference between fraudulent claims and claim that contain minor errors. It's also possible that minor issues can be corrected through court filings, if need be. Again, consulting with a local lawyer will help to evaluate your lien and determine best next steps.

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