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How do you go about getting a lien on a contractor who has not paid their invoices?
Wiki User
∙ 18y ago
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.
Wiki User
∙ 18y ago
Wiki User
∙ 15y agoNo. 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!
Wiki User
∙ 15y agoUnless 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."
Wiki User
∙ 12y agoFirst, 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.
Wiki User
∙ 15y agoYou would need to sue the contractor and obtain a court judgment.
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Can a home improvement salesperson put a lien on a job sold but not paid by contractor?
No
Can a electrical contractor put a lien on your house?
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.
Can a business sue an owner for a contractor not paying for materials even though the owner paid the contractor in full and the contractor was responsible for all materials?
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.
Can a general contractor put a lien on your house?
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.
What is the correct procedure in the state of Alabama to file a lien on a contractor building a house and has not paid us for materials in building the house?
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.
Can a contractor legally take back material installed on a homeowners home when they refuse to pay?
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.
Can a subcontractor put a lien on the clients home?
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.
Are you an employee or an independent contractor if you are paid a 1099 salary?
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.
Can a subcontractor hire another subcontractor and put a lien on property if second subcontractor is replaced even with a signed contract?
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.
How do you get title transferred in your name if there is a lien on the property?
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.
Should you buy a house with an IRS lien?
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.
Who oversees the proper processing of invoices and ensures invoices are paid to the prompt payment act guidelines?
The DBO.
