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What should i do?

North DakotaRight to Lien

Hi, I am in the process of selling my home. An ex employer from 6 yrs ago just popped up claiming that I owe him money and is going to put a lien on my property. What should I do? I do not owe him anything. I am aware of the money he is speaking of but we had an agreement that it was all taken care of prior to me leaving the company. We did have the agreement in writing. I'm trying to track it down, but being 6yrs ago i don't know if i'm going to be able to find it..... He has only sent me 2 texts messages with the threat of a lien. I haven't responded to him yet. Thanks, Cole Hoover

1 reply

Dec 13, 2019
A North Dakota mechanics lien can only be exercised if certain requirements have been fulfilled, and certain deadlines have been met. A full breakdown of these requirements can be found here: North Dakota Mechanics Lien Guide & FAQs.  However, there's no need to dive too deep into these requirements, as there is only one thing that matters in this scenario. A North Dakota mechanics lien must be filed within 90 days of the last delivery of labor or materials to the project. Therefore, if the construction services or materials were provided over 6 years ago, the time to validly file a mechanics lien has long since passed. Even more so, a mechanics lien can only attach to the property that was actually improved by the construction services. If your property was not the subject of the work for which they are claimant a lien, a mechanics lien will not be proper. For more information, you should read: What is a Mechanics Lien? A Practical Definition for the Construction Industry
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