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How do I fight a lien?

I received notice that my AC guy is trying to place a lien on my home for $4000. I had already filed a small claims suit for $4900 but I am still waiting on my case to be given a case number. I had to fire him because he didnt know what he was doing. What are my options?

1 reply

Jul 17, 2020

If a mechanics lien has been filed against your property, there are really only a few ways to respond. For one, you could pay the claim or negotiate a settlement. Or, you could do nothing and let the lien sit. Granted, the claimant could pursue an enforcement of that lien claim and force your hand. For another, you could threaten the lien claimant with a lawsuit challenging their lien. If the claimant's lien has been overstated, the claim will be invalid, unenforceable, and could result in additional criminal and civil liability. Of course, another option would be to challenge the mechanics lien claim by filing a claim with the court disputing the validity of the claim. And, finally, bonding off the lien is an option, too. That won't make the claim disappear, but it could at least get your property title out of the equation: Lien Release Bonds: Bonding Off a Mechanics Lien. When a mechanics lien has been filed, that usually means it's time for an owner to get their lawyer involved. For help finding the right New York construction lawyer: Find a New York Construction Lawyer. Additionally, this article should be useful to you: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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