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.
No. Unless you have furnished labor or materials to the contractor, you have no cause for a claim of lien. You will need to obtain a judgment against the contractor. If you are having a dispute with a contractor, I highly recommend the use of small claims court. Small claims is very inexpensive, and you do not need any legal experience or attorney to file your case. If your case is over the small claims jurisdictional limit in your area, you will need to see an attorney to pursue your case (look in the phone book for an attorney who gives "free consultations").D P.S. I was in a similar situation as you with a contractor. I used small claims, and won a small claims judgment plus court costs and service fees. Don't give up--go to small claims and get justice!
Unless you have furnished labor or materials to the contractor, you can't (in WA). The only way to secure payment is through the filing of a lawsuit. I suggest small claims court--it's fast, easy, inexpensive, and you don't need a lawyer. Because the small claims jurisdictional limit varies state to state, contact your local court for details. If small claims doesn't work out, look in the phone book for attorneys who give "free consultations."
First, you must file a suit in either small claims or district court. You will need to prove your claim. When you prove it, you will obtain a judgment against that company. Afte you obtain a judgment, you can have the judgment enforced and one of the ways you can enforce a judgment is to put a lien on non-exempt real property.
You would need to sue the contractor and obtain a court judgment.
No
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.
It depends on the specific details of the situation and the contract terms between the business, owner, and contractor. The business could potentially sue the owner for non-payment depending on the legal agreements in place, but it would be advisable to consult with a legal professional for guidance on the best course of action.
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.
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.
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.
Yes. You should have requested a release signed by each sub before you paid the builder. It's a system that sucks, but as a sub it's the only thing we can do to get 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.
A subcontractor can hire another subcontractor but can only put a lien on the property if the original subcontractor isn't paid. The lien can also be placed if the second subcontractor was not paid because of the original subcontractor was not paid. The replacement of the second subcontractor is not grounds for a lien.
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.
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.
The DBO.