Home>Levelset Community>Legal Help>Message: In PA: I have filed a mechanics lien on a property. The property owner has filed an emergency (forget what’s it’s called) with the court to have it removed. Can they do that ?! He’s offering me half of my payment if I remove the lien asap. Otherwise he said he’ll have it dismissed and I’ll get nothing. What are your thoughts? Time is of the essence.
Message: In PA: I have filed a mechanics lien on a property. The property owner has filed an emergency (forget what’s it’s called) with the court to have it removed. Can they do that ?! He’s offering me half of my payment if I remove the lien asap. Otherwise he said he’ll have it dismissed and I’ll get nothing. What are your thoughts? Time is of the essence.
I'm sorry to hear about that, but it's great that they're more willing to talk payment - and there may be an opportunity to negotiate. First, it's worth noting that an owner is certainly entitled to challenge a lien claim and attempt to have it removed. However, that does not automatically mean their attempt to do so has merit, and it doesn't mean that the lien claim will be automatically thrown out. An owner's first reaction to a mechanics lien claim is often to challenge the claim - and just because a claim is challenged does not mean that the claim is flawed or invalid. zlien discusses this idea further here: My Lien Was Challenged — What Do I Do? When a mechanics lien has been challenged via a court filing, though, it may be wise to at least consult (and ultimately hire) an attorney to represent your interests in court. An attorney will be able to further review your claim and the associated documentation, as well as the circumstances surrounding the claim, and advise on how best to proceed. Plus, they'll be able to appear in front of the court to dispute whatever basis is being used in attempting to have the lien removed. Keep in mind, though, when an offer is made to remove a lien and when the owner is taking efforts to have a lien removed - that's a sign that the lien is working. Mechanics liens make things uncomfortable for an owner, which is why they're such an effective tool for recovery..