Sorry to hear about your situation. In Wisconsin, the lien statute does not explicitly provide for recourse if a lien is improperly (or fraudulently) filed, but there are a few other options. First, if a lien has been filed, you can "bond off" the lien. By doing so, a bond will be provided that will take the place of the mechanics lien on your property. While this will require some up-front consideration, the property title will no longer be clouded with a lien. In Wisconsin, § 779.08(1) requires that an owner deposit with the clerk of the court a sum of money, certified check or negotiable government bonds in equal to 125% of the claim for lien.
Another option would be to file an action for Slander of Title. In Wisconsin, such an action is available to any person interested in the property whose title is impaired by a lien filing made by someone who knows or should have known that the contents or any part of the contents of the instrument are false, a sham or frivolous.
In any event, at this point, your best bet is to consult with a local construction attorney to assess your situation.
The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the helSee More...See More...