I Had you guys file a mechanic lien in Kentucky for me I put what the past due balance that is owed. Should I have put the full contracted total instead?
No. Under Kentucky mechanics lien laws, the amount stated in the Claim of Lien should be the amount unpaid/past due balance. You can find this under §376.080(1), where it states that the lien statement should include the amount due... with all just credits and set-offs known to him.
Using the full contract price if partial payments have been made, or overstating the amount due, can invalidate the lien and make the claimant potentially liable for filing a fraudulent lien claim.
NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such. Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.See More...See More...