I am a subcontractor who did work at a home hired by a contractor. The home owner owes my Company money. She is stating she paid the Contractor and he is no longer in business. I have an outstanding balance. A NUB was filed on behalf of my Company. It went to arbitration and was denied. I now have received a Motion to Show Cause from the Home Owner's Attorney. I need to answer this today. Can someone please advise me how to proceed.
Dear Mr, Pianoforte,
The property owner may file an Order to Show Cause to prompt a Court to affirmatively (and conclusively) discharge a claimant's mechanic's lien claim. I'm not sure why your company lost in arbitration, but that is an important preliminary box to check, so it's absence will likely be a problem moving forward.
If you want a more detailed response, please email any relevant documents to me at cschmittlaw@gmail.com. I doubt I would even have time to prepare and file a response, but I could take a look at it and let you know where you stand.
Regards,
Colin Schmitt
I would agree with Mr. Schmitt, completely. You might also call the court and assigned judge's chambers' number, advise that you have been served but need a a week to obtain counsel, and see if that buys you some time. And note the correction above that you are facing an order to show cause - not called a motion. Your facts and procedural status really appear to call for attorney review and are not simply handled by any answer that could be given, here - especially since the plaintiff has hired counsel and filed the order to show cause for relief. The prior loss of the arbitration is key.
I agree with my colleagues. Although you did not indicate what the Order to Show Cause was for, if you did not discharge the NUB, it was probably filed to compel you to do so. You need to hire an attorney to go over the facts of your situation to best advise you how to proceed.