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If a lien has been filed unjustly in Georgia - what is proper protocol to show it is fradulent?

Georgia

A contract between a land owner/developer and a general contrator to develop homes on land was signed and agreed upon. The project began with the land owner in another state continuously waiting for agreed upon information, but being pressured to wire money from contractor; once money was wired permits were not pulled when they said, land not cleared when said and many other lies were told. Then the GC finally loaded pictures to coconstruct ( an online construction service platform); and asked for more money. The land owner decided that too much had gone wrong from the start; windows, doors and other items ordered without consent. etc. so he called the suppliers and cancelled orders. The GC said he is now suing for breaking a contract and is filing a mechanics lien. The contract was first broken by the GC, how can the landowner "fight" an illigitimate lien?

1 reply

Oct 11, 2021
There are specific procedures that must be followed for a lien to valid. Assuming the lien is filed properly, then the landowner would need to file a Notice of Contest of Lien. From there, the lien would be extinguished by law 90 days after the filing of the Notice of Contest of Lien if the GC does not file a notice of commencement of lien action within that time period. However, the landowner may also be able to void the lien due to a technical deficiency. The requirements for filing and contesting to a lien are reliant on the statutory guidelines. If a lien has been filed against the landowner, I would recommend the landowner contact an attorney immediately to examine the adequacy of the lien and what additional steps the landowner should take moving forward.
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