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South Carolina
My question is this: we have a lien against a client that did not pay for work completed. I filled out and filed the paperwork, and, the sheriff went to serve him the paperwork. Letter received from sheriff states that he went to the house twice, once left a card and the other time no one was there. So, what is the best next action to take? ...Read More
Anonymous Subcontractor
1 answerAdd commentSep 14, 2017
South CarolinaMechanics Lien
We are an electrical contractor working with a particular builder on a few houses. Up to this point they have not required us to sign lien waivers upon receiving payments on the projects, but we currently have some past due invoices with them and they are refusing to pay until we have turned in signed lien waivers for the most recent payments. The issue I'm having is that these are open projects, with balances left on the contracts. The waivers they've provided do not make it clear that there is still any balance left on the project and states that all bills have been paid on the project and there are no outstanding bills. The only amount specified on the waiver is the payment made at the time it was issued. If we sign this, doesn't that set us up to forgo our rights of lien if they don't make their future payments? They never sent a contract for the projects so our only 'contract' is our proposal for the job that they signed, which lists our billing terms. This is a customer we've been having issues with recently and they have been consistently paying late. After our current projects are finished, our relationship with this builder is ending and both parties know it, so I don't want to set us up for signing away what little leverage we have since they have nothing to lose by not paying us now. I want to ensure that I do not set us up to be unpaid for our work, without legal recourse. They have shown very shady business practices and seem to be up to something with their other subcontractors as well. We have been diligent in getting change orders approved in writing and have emails with them acknowledging to an extent that they owe us payment for the open invoices, but won't pay until their waivers are signed. Is this enough or would it all go out the window if we were to negligently sign a waiver saying there is no open billing left on the project? Thank you so much in advance for your help. We are a small company and this customer owes us tens of thousands of dollars in total, so a misstep could greatly hurt us. ...Read More
Anonymous Subcontractor
1 answerAdd commentSep 18, 2017
South CarolinaLien Waivers
Holt Erwin gave me her personal promise and guarantee of the work that she asked me to do for her business. I talked to a attorney and he said that because she did that, that I could put a lien against her personal properties as well. I hired your company to process the lien on the commercial building that I did the work on , now I need to know to put one on her personally? Thank you...Read More
Anonymous Contractor
1 answerAdd commentDec 28, 2017
South CarolinaLawsuitPayment DisputesRecovery Options
We have a client that wants to purchase $18k worth of cameras to install in an existing building – this is not a new-build. We would like to place a lien on the building. The project is a commercial job, we have not provided the cameras, we are the wholesaler providing the camera materials to install the cameras and do not have direct contact with the job....Read More
Anonymous Contractor
1 answerAdd commentFeb 21, 2018
South CarolinaMechanics Lien
I hired your company to place 2 mechanics liens on the woman that I did work for on her commercial property . One lien was on the actual property and the other lien was on her personal home because she personally guaranteed me with her word and promise accompanied by her handshake. After she was served with the liens, she hired an attorney to file a summons and complaint against me claiming breach of contract by builder, breach of contract accompanied by fraud, slander of title, defamation, abuse of process and unfair trade practices. I spoke to an attorney and I can not get any clear answers on the weight of this lien to allow me to be in the drivers seat vs. her. They just insist that since I did not file a suit against her first then I have to take the back seat and engage in a one to two year battle to defend my position which the cost will exceed the amount of money that she owes me and claim that I am not entitled to reimbursement of attorney fees. They also said that if I would of filed the summons and complaint first then they would of taken it on a contingency. I asked them if my lien counted for starting the case and they said yes and no. My questions to you are for clarity. What does this lien afford me, Plaintiff's position, attorney fees and where do I go from here? I am on my 153rd day after last day of work . Time is sensitive and I thank you in advance for your help....Read More
Anonymous Contractor
1 answerAdd commentMar 9, 2018
South CarolinaLawsuitMechanics LienPayment Disputes
I am a small bathroom remodeling business, and am in need of a qualifier to get my contractor's license. I have someone willing t be our qualifier, but he wants to make sure that he would incur no legal liability in the event of an issue arising on a job. I assume that the liability would fall solely on the company?? We are an LLC. Do I assume correctly?...Read More
Anonymous Contractor
1 answerAdd commentJul 20, 2018
South Carolina
My question is in the state of South Carolina, is the person who places a lien on a customer liable for all court/attorney fees if it is not a perfect mechanical lien? And do you offer some kind of insurance through zlien to cover these costs if you are responsible for them....Read More
Anonymous Subcontractor
1 answerAdd commentJul 23, 2018
South CarolinaLawsuitMechanics Lien
Ideal Development Concepts is a restoration company and there are times it is necessary to place mechanical liens on our customer's home who do not pay their account balance....Read More
Anonymous Contractor
1 answerAdd commentJul 25, 2018
South CarolinaMechanics Lien
I was working for another subcontractor and the general contractor say he do not owe the subcontractor I was for no more money as of Dec. 30 2017 . I did not starting until April 2018 . The general contractor say they done paid him in full...Read More
Anonymous Contractor
1 answerAdd commentJul 28, 2018
South CarolinaLawsuitMechanics Lien
The general contractor say they do not owe the subcontractor no more money...Read More
Anonymous Subcontractor
1 answerAdd commentJul 30, 2018
South CarolinaBankruptcyLawsuitMechanics LienPayment Disputes
Had zlien file a notice of intent to file mechanics lien. Person never paid me so I filed a mechanic's lien in Florence, SC in amount of $915 owed to me in regards to swimming pool service work done. ( didn't includes zlien fee, notary fee or recording fee) I looked on Florence county website and it said lien was valid from 1/1/1984 thru 8/3/2018. I filed lien 7/2/2018. Why did this automatically expire after 30 days? Thank you....Read More
Anonymous Contractor
1 answerAdd commentAug 8, 2018
South CarolinaMechanics Lien
I have a subcontractor who filed an intent to lien for an amount that he did not actually perform work for. I do not want to pay him what he says he is owed because he earned nowhere near the amount listed on the document. What is the dispute process for something like this?...Read More
Anonymous Contractor
1 answerAdd commentSep 24, 2018
South CarolinaNotice of Intent to Lien