We received a letter from Albert Reatz's attorney of response in regards to the lien that was placed through your services. It states that they will counter sue me if I do not remove the lien. He is stating that I did not do the work that I did in fact complete (I have proof) and that I stole a power tool from him. Again, I have proof this was given to me from him by an eye witness. I am willing to give the power tool back if he pays me. The letter states if I give the tool back that he will only pay me $600 instead of the owed $2k that I am asking. ($5k is really what is owed.)
If you can support the lien claim with evidence of work performed, then there is no reason for you to remove the lien, and instead demand payment. At this juncture, it's advisable to retain a construction attorney who can represent you. It's apparent that this individual is litigious as they already hired a lawyer, so you'll need someone in your corner who knows the law and can enforce the lien through a judicial foreclosure. Assuming your lien rights were perfected and everything was done properly, there's nothing stopping you from demanding payment.
As far as the power tool is concerned, you may have been "given" the tool, but depending on it's value, it may not be worth fighting over, especially if you can negotiate a payment in exchange.
Feel free to give me a call, email, or text on my direct line to discuss further how I may be able to help. I look forward to hearing from you.
Sincerely,
Martin C. Law, Partner
Patout | Law, PLLC
5850 San Felipe, Suite 500
Houston, Texas 77057
P: (346) 888-4730 | D: (346) 327-2501
F: (346) 327-2510 | E: mlaw@patoutlaw.com
W: www.patoutlaw.com