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South DakotaLawsuit Mechanics Lien Right to Lien

I’m a home owner some guy that did work on my house filled a lien on me he never finished his job I hired someone else he came back 4 6 weeks later and he was all pissed I hired someone else and demanded money we agreed on a price I paid him some of that money after when 30 days hit he filled a lien on me! Should I take. Him to court

2 replies

Mar 11, 2020

Mechanics liens are generally available to those who have performed work but not been paid for the work they've done. However, if a contractor hasn't fully performed under their contract and finished the job, that contractor generally won't be entitled to full payment. Before looking further, I think this article might provide some value to you: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

Defending against a South Dakota mechanics lien

The fastest and cheapest way to have a lien removed will typically be to have the claimant release their lien themselves. And, an owner may be able to convince the claimant to abandon the lien by threatening to pursue legal action to have the lien removed and to recover damages under a claim like slander of title. Another potential option might be to negotiate a partial payment in exchange for the release. While that might not be easy to stomach, it would likely be cheaper and less stressful than challenging a lien via legal action. Finally, as you mentioned above, challenging the lien claim via legal action is another popular option. And, it's pretty common for owners to take a mechanics lien dispute to court - especially when there are obvious issues with the lien. Your attorney will be able to evaluate the validity of the claim that was filed then advise on how best to combat it.

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Aug 17, 2021

I lived in a home owned by my mother, a verbal agreement that the house is mine and I would buy it from her. We decided to sell but only after I completed a ton of work and landscaping and driveway work to improve the value. I found the buyer and we accepted thee offer. Now mom won’t agree to share proceeds and I’m out with nothing. I filed a mechanical lien due for all I put into the house. She continues too harass me about getting out before it closes. She told me today that -the lien isn’t my (her) concern. I’m just asking for what I put into the house and the labor average for this work totaled $14g. Did I do the wrong thing and what are the chances I will get paid back?

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