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how to dispute a fictitious Mechanic's lien

hello, I contracted a merchant to purchase kitchen cabinets, accessories and countertop. the first deposit fo $5,000 was paid via credit on May 6th 2019, the original estimate for the delivery was 4-5 weeks. however, after multiple follow-up the cabinets was delivery on August 7th 2019, the size was incorrect, The merchant was authorized to take partial payment of another $5,000 on Aug 7th but he took the full balance of $6,543. Later I got a text indicating that the variance will be applied to the countertop, Which I was ok with, I was told by the merchant that the countertop will be installed by Aug 27, 19 but that never happened. I couldn't get a completion date from the merchant. On October 1st, 2019 the merchant advice me to pay double for the countertop to another fabricator. My home was still a mess and the cabinets issues has not been rectified by Oct 9th. 19. I call my credit card and dispute the cost for incomplete work. on Dec 2nd, I receive a call from my credit card company indicating that the merchant want to complete his work and hence the $11,543 was re-issued to him. On Dec 9th, I receive a letter in the mail of a Mechanic's Lien for the full amount of $11,543. where my I receive no accessories and the kitchen is still unfinished. Please advice

1 reply

Dec 18, 2019

Every state prohibits the exaggeration of mechanics lien claims, and New York is no exception. If a New York mechanics lien has been overstated, improperly filed, or even fraudulently filed, the claim will ultimately end up invalid and unenforceable. Further, New York lien claimants who exaggerate their lien claims will also end up giving rise to additional liability, like owing damages to the property owner. More on that here: Dealing With An Exaggerated New York Lien. With that being said, let's look at some ways to combat an improperly filed mechanics lien claim. And, before diving in, this resource should be valuable: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

How to remove an improper New York mechanics lien

First, the easiest and simplest way to get a mechanics lien removed is to have the lien claimant do it themselves. Certainly, most lien claimants won't want to simply release their lien claim simply because the owner demands it. But, if an owner can explain why the lien is improper and overstated, as well as what the legal fallout will be if the lien isn't released, then a lien claimant might be more willing to release their own lien. Further, note that New York owners are also entitled to bond off mechanics liens filed on their property. Bonding off a mechanics lien won't make the claim disappear - but it will at least work to discharge the lien from the project property. And, with the lien off the title, an owner may have a little more peace of mind in resolving the dispute. Plus, when a lien is bonded off, the claimant will need to pursue an action against the bond in order to recover payment - so, that extra step helps to ward off the enforcement of bogus claims. And finally, note that owners can always challenge the lien claim filed on their property via legal action. If there are flaws in the lien claim - such as an overstated or baseless lien - then an owner can show that and have the lien discharged from their property.

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