I did a job and finished it the customer refused to pay me and now since I won't release the lien he is treating to take to court what should I do
3 replies
Aug 8, 2022
I recommend you retain counsel. Lien actions are difficult for lawyers and very difficult for unrepresented businesses.
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Aug 8, 2022
You likely have two options other than waiting for your lien rights to expire: 1) wait for the homeowner to seek to discharge the lien; or 2) foreclose on the lien (start a lawsuit). You're better off foreclosing on the lien (if it is for real money and substantiated, etc.) before they seek to discharge, otherwise, you have to fight the lien discharge and still foreclose on the lien (more legal fees).
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Aug 10, 2022
If a contractor is owed money on a contract and properly files a lien, the contract has a limited amount of time to enforce the lien through a lawsuit. Property owners can file a lawsuit to discharge the lien. The fact will come out in the litigation and the court will ultimately decide the rights between the parties. So the filer of a lien can, among other things, bring a lawsuit to enforce the lien, wait for the property owner to sue and defend the case and settle with the property owner to avoid a lawsuit.