Home>Levelset Community>Legal Help>I am a property owner and tenants that I just evicted filed a "revenge" Mechanic's lien for many thousands of dollars against me, claiming that they did a lot of expensive work to the property (Nothing had been done, as a matter of fact they damaged the property, I did not give any consent for anything, seems to be a well organized scam done by people who are doing it for a living) I am selling the property and need the lien disputed and canceled asap, otherwise the escrow company will forfeit some of my money and deliver to the scam artists It is in Nevada Can you let me know what is the easiest way to dismiss this Lien? I noticed that in order to place a Lien, one have to be a licensed constructor and we check the Nevada State Contractor Board and the tenants are NON registered (not a surprise, the entire claim is fraudulent) please advise Thanks, Yoram

I am a property owner and tenants that I just evicted filed a "revenge" Mechanic's lien for many thousands of dollars against me, claiming that they did a lot of expensive work to the property (Nothing had been done, as a matter of fact they damaged the property, I did not give any consent for anything, seems to be a well organized scam done by people who are doing it for a living) I am selling the property and need the lien disputed and canceled asap, otherwise the escrow company will forfeit some of my money and deliver to the scam artists It is in Nevada Can you let me know what is the easiest way to dismiss this Lien? I noticed that in order to place a Lien, one have to be a licensed constructor and we check the Nevada State Contractor Board and the tenants are NON registered (not a surprise, the entire claim is fraudulent) please advise Thanks, Yoram

1 reply

Sep 12, 2017

Nevada's mechanics lien statutes provide a procedure for contesting and removing a frivolous or excessive mechanics lien.

If you believe the lien is frivolous and was made without reasonable cause, you may file a motion with the district court where the property is located requesting an order directing the lien claimant to appear before the court to show cause why the relief requested should not be granted. There are specific requirements for this motion.
"The motion must:
(a) Set forth in detail the legal and factual grounds upon which relief is requested; and
(b) Be supported by:
(1) A notarized affidavit signed by the applicant setting forth a concise statement of the facts upon which the motion is based; and
(2) Documentary evidence in support of the affidavit, if any."

If the court issues an order for a hearing, the hearing shall take place within 15-30 days. The filing fee for the motion is $85.

If the court determines that the lien was frivolous and was made without reasonable cause, the court will order the release of the lien, and will award costs and reasonable attorney’s fees to the applicant for bringing the motion. Then, within 5 days after the order is entered, you may record a certified copy of the order in the office of the county recorder of the county where the property is located to release the lien.

Note, also, that this procedure doesn't limit your other rights that you may have for the fraudulent filing, such as the potential ability to recover damages for improperly clouding title of the property (whether by delaying the sale of the property or by some other way). It would definitely be worth your while to talk to an attorney to examine the situation and help you move forward in attempting to get the lien released.

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