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Payment Disputes Questions
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Payment Disputes
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Transpacific Recycling LLC incurred charges for equipment to clean up the yard of tire debris. They're attorney is iclaiming I have no right to file a lien because I am not a licensed contractor, a landscape architect, nor a licensed design professional.
I was contracted by the President of the company at that time to facilitate the equipment needed to take care of the task. I am only trying to get paid for the use of the equipment.
What are my options?
CaliforniaI have a client that I have provided a home plan for. Have a contract and finished the job, in which he paid my retainer and that is all. I have an outstanding invoice which he has fail to pay. I have made numerous calls and emails with no success.
He was going to purchase some acreage to put his new house on, which he has not done. I have his current address which he currently resides. My question is, can I put a lien on his current residence?
MissouriI am a senior citizen and have a grant from my USDA mortgage holder to get some capital improvements in my home. The heating contractor was aware of this before the work was done to replace to rusted out baseboard heaters in my basement. At the time of work completion; namely 6pm on a Friday night, the contractor's helper turned on me and demanded full payment of nearly $500.00 for the work. I reminded hm that this was a grant project and that it wasnt me paying the bill. He went out in the driveway to his van and with his megaphone mouth, and in open earshot of the neighbors, began a conversation with his boss about this matter. The boss told the guy to either collect now or turn off my boiler. So the guy came back in and turned off my boiler. Not being stupid, I know full well what was done to this lone senior woman was not only horrendously abusive but totally illegal, and that payment terms are at least 10-30 days, not 10 seconds after the job is done 6 pm on a Friday night. Obviously I had no way of contacting my agent for a check at that time. This contractor needs to be criminally charged, fined, and forced to do a big chunk of community service so that he would NEVER dream of doing this to anyone ever again. Whom do I contact to get his ball rolling?? My agent brought the check on Monday morning and expressed how appalled she was at this treatment. I havent yet called him to come turn on the boiler and collect his check, but I will.
Please dont suggest the attorney general. They have zero legal authority here and dont even rate a broom closet for an office in the state building in Syracuse. They are in some dark corner somewhere down the blvd. and are the equivalent of a bunch of girl scouts selling cookies. I am serious about the guy getting punished and getting it big time!!!! This happened in Marcellus NY
New YorkThank you for the previous response. I do not see where the attorney made any missteps so far as far as timelines and notifications and all of that. I was hoping you could tell me, just based upon the facts that I gave you, if the lien was invalid, and if so, how I can demand that it be removed. I sent a letter by express mail to the attorney saying that since both were unlicensed that her client had broken the law and also that a lien for more than five hundred dollars cannot be foreclosed upon. She responded that she will not remove the lien. It will be costly to hire a lawyer, I'm sure. I was hoping you can tell me if she is in the wrong. Can I complain to the California State Bar? Can her client open himself to liability, criminal or otherwise? Obviously, I'll never collect on a judgement from him. Should I take him to Small Claims court to get a judgement and get the lien removed? I am in a hurry, because I am trying to sell the home, so I don't want to wait this out. Another question I have for you sir, I do appreciate you help (!), is specifically about this. I read that in California an unlicensed person cannot foreclose on a claim of more than five hundred dollars. I am not sure if and that how that applies here. It seems to me that if that is true then these people are harassing me. This is causing great stress and frustration. Lastly, if I do have to hire a lawyer, would you suggest where I would find the right one? Thanks again.
CaliforniaDo I need to file a mechanics lien?
Or do I need to do some other kind of contract agreement.
I did some construction work on my friends house a couple years ago and he was going to pay me when he was able to get the money to do so. He has decided to sell his house and I want to make sure to protect myself for the monies owed to me and I was wondering if a mechanics lien could be filed so that the title doesn't get transferred until my bill is satisfied.
TexasI have an LLC in MO and contracted with a large General Contractor also in Missouri to complete a half done project in Louisville, KY. The owner of the Louisville property pre-funded my payroll and materials with cash which was to be paid back as my invoives were paid through the monthly draw process. As the project continued the draws DID NOT process due to the owner not processing them. Therefor I have not paid back the cash advances OR been paid any profits. My time is very shortly running out to file a lien against the property and I'm concerned I could eventually be held responsible to pay back the advances without receiving payment for the invoices from the General Contractor. I signed an agreement upon receiving the cash advances SPECIFICALLY stating the advances to be paid back from the draw received from the General Contractor. My profit at this point represents about $14K. The outstanding invoices total approx. $614K. The cash advances total approx. $600K....I provided labor and materials and my last day on site was 3/24/17. It appears I may be entitled to ask for interest?
Kentucky