I'm a private CNA caregiver and my existing client is currently in rehab since February, he is going into "long term care, which means his home will need to put up for sale, in the meantime I haven't been paid for over 3 years, and the clients family is aware of this, (I average about 8 hours weekly) in the past the family has said in conversation when my client passes away, they would make sure I got reimbursed for having taken care of (roger) and now it's our understanding that with him on Medicaid any money from the sale of the house automatically goes to the State of Idaho, so it was recommended that I file a Lien against the property so that in the end I can get paid...am I able to file a Mechanic lein by myself or do I need an actual attorney and how long can I anticipate this process take? especially if the house is put on the market next month? Thanks Kim
Unfortunately, a mechanic's lien cannot be used to secure amounts owed for healthcare services. Mechanic's liens can only be used to secure amounts owed for labor or materials used in the improvement of real property. However, there are also other statutory liens that you may be able to utilize - see Idaho Code Sections 45-601 thru 45-621 (claims for wages) and 45-701 thru 45-705 (hospitals and nursing care liens). Although our firm is very experienced in recording, foreclosing and defending against Mechanic's Liens, we have not recorded liens for wages or hospital/nursing care expenses. Because there are specific deadlines and other rules that must be complied with and because identifying the land subject to the lien can sometimes be fairly complicated, I strongly recommend that you reach out to a law firm that handles these types of issues. The last thing you want is for your lien to be invalidated on a technicality; particularly if this is the sole way for you to get paid.
Another and potentially better option would be for the family to give you a promissory note and deed of trust to record against the real estate to secure the amounts you are owed prior to the sale. If you have a recorded interest in the property then you may be able to be paid that way. Again, this is a question for an attorney that handles these types of claims.