Regardless of the circumstances a creditor or lender who desires to recover money owed by means of a judgment lien due process of law must be followed. The creditor must file a lawsuit in the state court of venue against the borrower. If the creditor wins the suit a judgment will be entered against the defendant debtor. Judgments can be used as wage garnishment, bank account levy, seizure and sale of non-exempt property, or liens against real property belonging to the debtor. Please be advised all states have specified types and amounts of real and personal property that can be exempted by the debtor from creditor action. The creditor should use caution before executing a judgment against any jointly owned property. This is especially true of marital property and assets in non-community property states where only one spouse is the debtor.
Yes. If the contractor has performed work on the house, and has not been paid, he may file a lien. Even if you truly don't owe the contractor any money, he may still file a lien; eventually, he will have to prove its validity in court or the lien is released automatically.
The business can put a lien on the property. Builders I work for make me get Lien Waivers signed from my distributors to assure I have paid them. Depending on the state the project was completed in & when, you may be able to file a mechanics lien to secure payment. Check out National Lien & Bond Claim Systems for more information.
If most cases, the answer is no. However, it depends on the type of lien in involved. In California for example, there are laws that allow a contractor to file a mechanic's lien against property if the contractor has not been paid for work done on the property. However, the lien becomes null & void if the contractor does not file a lawsuit within 90 days after the lien was recorded.
do you have receipt? he can sue the contractor not you. whoever you paid to do the job is responsible. however people can sue ;the question is can they win. in this case i would say no.
Yes. It is important to get original lien waivers each time you pay your contractor (do not give a check in exchange for a promise of a waiver). A waiver is a receipt of your payment and it is legal documentation that your contractor has paid the subcontractor or supplier. The waiver prevents the contractor and subcontractor from from liening your property for that amount of the payment on that subcontract. Partial lien waivers should detail the type of work done, the name and address of the subcontractor, the total amount of the subcontract, the amount paid to date, the amount of the current payment made, and the balance to be paid. At the end of the project, it is equally important to get final waivers of lien, as well.
The lien must be paid from the proceeds of the sale.The lien must be paid from the proceeds of the sale.The lien must be paid from the proceeds of the sale.The lien must be paid from the proceeds of the sale.
AnswerIn California, if a sub-contractor is not paid, no matter WHO hired them,they can place a mechanic's lien on the property where the work was performed.That's why in California, you should always either write your check payable toyour contractor AND the sub-contractor. That way, they both must go to the bank tocash it. And/or get a signed release from your general contractor at the end of thejob (and withhold final payment until he does so) that all of his subs were paid.If the mechanics lien has already been filed, he has 90 days in California to "perfect"the lien. This means that he has to follow up the lien with a lawsuit to foreclose thelien. If he doesn't, you can easily get the lien released. I've been through this, and my tactic was to just wait out the 90 days - ie. don't remind him he has to file. Once the90 days is up, he can't refile the lien and start over - he's missed his opportunity.(He can still sue you though..)There are also other requirements in California, such as a required 20 day notice beforethe lien is filed, etc.
It is true that when having renovation work done on your property, if the general contractor hires a sub-contractor to perform duties and doesn't pay him...we as homeowners are liable. It was the general contractor who hired the sub-contractor with no involvement from us as the homeowner's.
If it's anything like NY, you've got to take the contractor to court to have a lien granted. I'd also file one against the property the house sits on. That way it can't be sold without you being paid.
How you are paid does not determine whether you are a contractor. If you are properly an independent contractor, you can be paid on a 1099.
No. "Self-help" is not appropriate here. The contractor should file a suit for the balance owed. Sometimes the contractor is able to put a lien on the property to ensure that they will get paid.
The lien must be paid in order to clear the title.The lien must be paid in order to clear the title.The lien must be paid in order to clear the title.The lien must be paid in order to clear the title.
Get signed lien releases for every dime you write to him. Progress lien waivers are for work paid for, but not fully paid for...and final lien releases are for work that is complete. Make sure you get proper forms for a legal forms store or consult a real estate agent, title company, or attorney for the proper language to protect yourself in that state.
The lien must be paid at the closing from any proceeds that are to be paid over to the seller.The lien must be paid at the closing from any proceeds that are to be paid over to the seller.The lien must be paid at the closing from any proceeds that are to be paid over to the seller.The lien must be paid at the closing from any proceeds that are to be paid over to the seller.
You need to determine why he liened your property and take steps to clear the lien. If YOU owe him, pay him. Problems can arise. For example: If a sub-contractor worked on your house, but the main conttractor didn't pay him for his work, the sub CAN place a lien against your house even though you may have already paid the main contractor in full. It can get messy and complicated and you may need the services of an attorney skilled in real estate law.
No a subcontractor can hire another subcontractor and put a lien on the property if the second subcontractor is replaced even with a signed contract. The replacement of the second contractor is not purpose to place a lien on the property. The subcontractor can only place a lien on the property if they were not paid due to the original subcontractor not being paid.
If the contractor performed labor or provided materials for the company, then the provider of goods or services may claim a lien against the property which they provided the goods or services to. See a construction law attorney for details--check the phonebook for an attorney who gives "free consultations."
I assume you were awarded a "Judgment and Decree Quieting Title" or some other order to that effect. There is no way to file a "lien" against the contractor--you already have a civil judgment. I would first contact the contractor licensing authority in your state--they will be able to see if the contractor has a cash bond to attach the judgment to. Second, I would call a real estate or construction law attorney--look for attorneys in the phone book who give "free consultations."
Talk to someone at your local court house about a mechanics lien
No... a vehicle which has a lien against it isn't paid off.
The lien isn't transferred to the heir- it remains a lien on the inherited real estate, which cannot be sold or refinanced until the lien is paid.The lien isn't transferred to the heir- it remains a lien on the inherited real estate, which cannot be sold or refinanced until the lien is paid.The lien isn't transferred to the heir- it remains a lien on the inherited real estate, which cannot be sold or refinanced until the lien is paid.The lien isn't transferred to the heir- it remains a lien on the inherited real estate, which cannot be sold or refinanced until the lien is paid.
Generally the lender will require that the lien be paid off with the proceeds of the loan.Generally the lender will require that the lien be paid off with the proceeds of the loan.Generally the lender will require that the lien be paid off with the proceeds of the loan.Generally the lender will require that the lien be paid off with the proceeds of the loan.
If a debt has been paid off, the lien holder is required to release the lien. If the lien holder refuses, you will need to get a lawyer and take the case to court
A concrete contractor is paid between $60 and $95 per hour.