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What recourse do we have ?

VermontRecovery OptionsRight to Lien

My husband did crop work for a farmer and we have never been paid. We told the farmer to get on his feet and than he could pay us. It has been five years and no attempt has been made to pay us. I sent a payment schedule and requested they start making payments and gave them 6 weeks to make the first payment. No response. I have called them and left A message to call us. No response. Should we file a lien?

1 reply

Oct 25, 2019
If you're asking about the potential for filing a mechanics lien, Vermont mechanics liens are generally only available for construction-related work which permanently improves the project property. So, work that may provide some improvement to the property, but does not necessarily relate to any construction, alteration, or physical improvement of some building will generally not give rise to mechanics lien rights. Further, even where the work at hand gives rise to mechanics lien rights, a Vermont mechanics lien claimant must file their lien within 180 days from last performing labor or materials to the project. Other recovery options Just because a mechanics lien isn't available doesn't mean that some other recovery tool won't be. Pursuing the debt via some other option - like through Vemont small claims court - may well lead to payment. But, to best assess what options may be available, it'd be wise to consult a local Vermont attorney. They'll be able to review your situation as well as any documentation or communications that relate to the debt and then advise on how best to move forward. Good luck!
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