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Lien set and company is telling me the name is wrong

We are a rental fence company. We do a lot of our business through email. About a year ago we got a job for rental fence from a lady named Julie VonKohn with the signature on every email saying Julie VonKohn Executive Assistant Machine Guns Vegas. We named the Job Machine Guns Vegas. The place they had us put the fence up was leased house. They sent an email telling us they wanted to cancel the fence because they where terminating their lease with with the owner. Since then they haven't paid. We liened the property. They have called and said that we are using the wrong name on the lien. It is suppose to be XBoat Ride LLC. This is the first I have heard this name. He said that Machine Guns wont stand up in court.? Not sure what I should do. The lien is on the property and the company name is Machine Guns.

1 reply

Oct 2, 2019

First, it's worth mentioning that a customer's first response to a lien filing will often be to challenge the mechanics lien - regardless of whether there's actually any issue with the lien claim. Levelset explores that here: My Lien Was Challenged — What Do I Do? With that in mind, let's look at a few distinct ideas relevant here. 1. Nevada's mechanics lien statute is a little flexible on ownership information For one, note that not all errors will necessarily ruin a lien claim. NRS § 108.226 creates the form requirements for Nevada mechanics liens. That sections specifically requires the lien claim include "b) The name of the owner if known." (Emphasis added). So, it's clear that having the property owner on the lien form won't necessarily be fatal to a mechanics lien. 2. Amending a Nevada lien claim Nevada is one of very few states which specifically allows for the amendment of a mechanics lien. Under § 108.229(1), a lien claimant should be able to amend their filed lien claim at any time before or during a trial on the lien claim takes place (if one ever does). And, unless the error on the lien was intentionally or fraudulently made, or unless it misleads and injures another party to the claim, a lien can generally be amended. Further, § 108.229(3) states that "An error or mistake in the name of the owner contained in any notice of lien does not defeat the lien..." unless that would prejudice someone who purchased or mortgaged the property from that owner. So, potentially, a lien claimant may be able to amend the ownership information on their lien if they accidentally include an improper owner and later discover the property is actually owned by someone else. 3. Refiling a flawed lien Even if an error is ultimately critical to a filed mechanics lien claim, if the deadline to file a mechanics lien has not yet passed, a claimant might be able to file another, corrected mechanics lien claim then release their original claim. Certainly, because Nevada specifically allows mechanics lien amendments, this should generally be a fallback option - but, it could be an effective way to rectify a flawed lien claim. I hope this was helpful! For more information on Nevada mechanics liens, this resource should be helpful: Nevada Mechanics Lien Guide and FAQs.

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