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How to petition a court to order a release of funds after a lien has been paid?

New York
ABS SOLUTION & MANAGEMENT CORP
Owner at ABS SOLUTION & MANAGEMENT CORP

Hi, we filed a lien against a home owner who paid the money to the court (Nassau county, NY). Now the money is held by the treasury. I need your help to petition the court for a court order to release the money. One of LevelSet representatives replied to my email telling me that I should request your "satisfaction of lien" service, but I need one of your attorneys to petition the court because as I was explained by a court clerk, the fact that the homeowner paid money to the court does not mean that he won't fight with us. It just meant that he did not want the lien to be attached to the property. So, can your attorney take the proper steps?

2 replies

norman wolf
nurse at Newer
Jun 22, 2022

Lawyers can not solve this problem? You should go to court with a lawyer. The case will probably drag on Elastic man 

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There are several ways in which the homeowner could have accomplished this goal, clearly, they posted collateral which is basically acting like a bond. You are absolutely correct, just because the homeowner paid the Court, does not mean that there is no fight. To the contrary, it's more likely there is a fight now, as this is a sophisticated client, who had the money and knowhow to do this in the first instance. It is strongly suggested you contact a construction lawyer, depending on the size of the lien, you want to either seek immediate resolution or fight. 

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