Defense against a mechanic's lien

Answer 1

If the lien is wrongful, write a certified letter to the lien claimant demanding that the lien be released. If the letter is not answered, or if the lien claimant refuses to remove the lien, you should see a real estate attorney. If the lien is legitimate, contact the lien claimant to work out a payment plan.

Answer 2

There are a number of defenses which may be available against a mechanic's lien. Some of the defenses are statutory in nature as mechanic's liens exist solely because they are provided for in each state's statutory system. As mechanic's liens are seen as being in derogation of common law, generally the laws are strictly construed, meaning that any failure to strictly comply with the rules set forth in the statute will be able to be used as a defense against the lien. Courts in every state have also construed the statutes, so you also need to read the numerous cases in your state. Because of the strict compliance rules, it is very difficult to properly perfect a mechanic's lien,unless you know what you are doing. The most common defenses that I see are: -Failure to properly serve preliminary notices -Failure to file the lien within the time provided by the statute -Liening for an amount substantially in excess of that actually owed -The failure to perfect the lien by serving or posting a copy as may be required by state law -Filing a lien even though lien rights have already been waived by a separate lien waiver or (as permitted in some states) a "No Lien Contract." -In some states, the owner's payment to the general contractor is a defense to a subcontractor's or supplier's lien. I am an Ohio attorney, so I can offer information relative to the issue in Ohio. If you live in another state please feel free to contract me at the email shown in my profile. I have a great list of highly qualified attorneys across the country who can help you in virtually any state.