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How to deal with a wrongful lien and small claims summons for same?

I received an invoice for alleged work the invoice called "Property clean up to Municipal Code" for $300.00 I didn't need any clean up, I employ a weekly lawn service, nor ordered any work to be done. I thought it was spam of some sort so I disregarded it. A few weeks later I received a Notice Of Intent for what they now call "picking up trash and debris and sweeping of trash". Again I disregarded it. Then a month later I received a summons for small claims court for Foreclosure of Lien. What? Of course I'm going to answer this, but this is a totally false claim and a material misstatement because no work has been done by these claimants nor have they ever set one foot on my property to do such work. Do I answer this in small claims court and file a counter for this wrongful lien filing and seek damages of $5000. Or do I go to the Superior Court and file suit?

1 reply

Oct 16, 2019

Having a lien filed against your property is a scary proposition, and Levelset discusses some of the relevant considerations here: A Mechanics Lien Was Filed on My Property – What Do I Do Now? With that being said, I'm not sure I fully understand the situation described above. If a mechanics lien has been filed by a private individual or company, and if a summons has been issued for the foreclosure of that lien, it would be wise to consult a local construction or real estate attorney. They'll be able to review your situation in greater detail, assess your options, and help proceed in order to defeat the improper lien claim. But, when lien foreclosure is in play, it's wise to avoid any undue risks. Challenging a filed lien When a lien claim is patently false or fraudulent, it shouldn't be particularly hard for a property owner to prove that. And, there are generally serious penalties for fraudulent mechanics liens, plus an action like slander of title could potentially be on the table, too. On that front, note that merely threatening to pursue legal action against a lien claimant may be enough to get them to release their lien claim. A lien claimant who's filed an excessive or fraudulent lien can face serious damages and potentially even criminal penalties - and, notifying them (likely via attorney letter) that they'll be held responsible to the fullest extent possible could convince them to abandon their claim. Generally, mechanics lien disputes should be litigated in a district or superior court. Though, if a lien foreclosure action was initiated in small claims court, challenging the lien filing in the same court may make sense. Regardless, though - if a summons has been issued, an appearance should generally be made in the court for which the summons was sent in order to avoid a default judgment. As mentioned above - the stakes are high when mechanics lien claims are filed. So, it's wise to consult a local construction or real estate attorney in order to best set yourself up for success when battling a lien claim. Good luck!

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