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How to file a petition on a lien?

We just received a lien from Fairfield Coop and it says we have a late payment but it is false. They just put our dry fertilizer on our fields, we haven't even got a bill from them. My husband called to talk to them and they said they did it because they won't see any money from "our family". We have never been late on a payment ever with this company. What can we do legally about this? Thanks!

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Mar 17, 2020

If a mechanics lien has been filed against your property, then this article should be helpful: A Mechanics Lien Was Filed on My Property – What Do I Do Now? Additionally, when a lien has been filed and where the relationship between the owner and the lien claimant is contentious, it might be time to consult with a local Nebraska construction attorney. They'll be able to give advice on how best to proceed under your specific circumstances. With that in mind, let's look at Nebraska mechanics lien rights and how to respond to a lien filing.

Nebraska mechanics lien rights for agricultural work

Generally, mechanics liens are available for those who provide a permanent improvement to the project property but go unpaid for their work. In Nebraska, this includes seeding, sodding, or other landscaping operations. So, someone who's fertilized a property may well be entitled to lien rights since agricultural work seems to be pretty well protected. As for timing - mechanics lien claimants should definitely not be filing liens before they've even billed for their work. It doesn't appear that Nebraska mechanics lien claimants will necessarily need to wait some period of time before pursuing a lien, though. So, while it is certainly in bad form, I'm not certain that a mechanics lien claim will be deemed invalid because of premature filing. For more on Nebraska mechanics lien basics: Nebraska Mechanics Lien Guide and FAQs.

Getting a Nebraska mechanics lien removed

The fastest and easiest way to get a mechanics lien removed from the property title is to have the claimant do it themselves. And, asking a lien claimant to fill out a mechanics lien release and submit that in exchange for payment could be a good way to facilitate the release of the claim. Or, if the lien claimant is cautious about providing a release until they've got payment in hand, then entering into a written agreement that the lien will immediately be released after payment is made might do the trick. Plus, if the claimant does fail to release their lien after they've received, then an owner can generally force them to do so via legal action, if that becomes necessary. Of course, an owner can also bond off a mechanics lien filed against their property. That won't make the lien claim just disappear, and the claimant would still be able to foreclose their claim against the bond instead of the project property. But, that could at least get the property title out of the equation while trying to resolve the dispute. When payment on the lien will soon be made in full, though, bonding off the lien may end up being an unnecessary expense for the property owner. Finally, challenging the lien filing is an option as well. Hiring an attorney and pursuing legal action claiming the lien claim to be improper could force the removal of the claim, and in some cases, can force the lien claimant to pay damages and even attorney fees. But again, if payment will soon be made in full, formally challenging a mechanics lien might not be a great option.

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