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What liens can you file if you performed services but the client refuses to pay?
Wiki User
∙ 14y ago
Depends on the nature of the services. But small claims court is the normal way to recover unpaid balances if payment plans and other negoitations have failed.
Well, as stated above it does depend on the services rendered. However, you may be able to get a mechanic's lien. It will depend on the jurisdiction, but filing for such a lien is usually quite easy. I would suggest contacting an attorney, or doing some research on your local statutes. Usually you can fill out a form and submit it and that will get the ball rolling.
I am an attorney in Cleveland, Ohio. The foregoing portion of this answer is correct, the type of and possible availability of any type of lien in your state will depend on the type of service rendered.
Each State has its own statutory lien scheme. Some have confusing sounding names such as, in Ohio we have "mechanic's liens." Mechanic's Liens are for people and companies (contractors, subcontractors, laborers, ect.) that have worked on the improvement of real property, mechanic's liens are not available if you are the mechanic that fixed someone's car, that is an "artisans lien."
Some people will have no lien rights because their legislature did not give them that right. Others who could have lien rights lose them becasue they did not protect them. As an example, in a number of states, including Ohio, to have mechanic's lien rights, subcontractors and suppliers will usually have to serve a notice of furnishing soon after they started work on the project to give them the right to later file their lien, and then there is a limited period of time to file the lien. Aritsans liens and molders liens are possessory liens. As long as you have possession of the car or the mold, you have a lien on it, but if you return the item to the owner, your lien is lost.
I recommend that you check with an attorney in your state. You may be able to get free legal advice by calling your local bar association and asking for their referral service. many bar associations require that the lawyers on the referral list provide some free initial consultation time. Be sure that you ask the referral service before you meet with the attorney to be sure that it is true in your case.
Russell O'Rourke www.ohiolienlaw.com
================================ In the earliest stages of the "law merchant," a person who received property ("personal" property, that is, movable tangible property) in order to perform a service on it enjoys a lien on the benefitted property until the contract party pays the agreed price or reasonable value of the services. For example, if you brought your wagon to a smith for repairs, the smith was granted a "mechanic's lien" on the wagon. Nothing needs to be filed, because the property is in the possession of the smith, and possession removes any need to "file" a lien. In the United States, this concept was extended to real property: those who furnish labor or supply materials for a permanent improvement of real estate are entitled to mechanics' liens on the improved property. In some states, design professionals--architects, engineers, landscape architects an surveyors--have the right to liens as well.The mechanism for filing the notice of lien and enforcing it is extremely variable from state to state, but in general the lienor has to file a notice of lien within a limited time (usually within 60 to 240 days after the work is performed); he may then being a lawsuit to enforce the lien by showing that the services were rendered, they were not paid for, and there is no special defense that would defeat the contractor's lien rights. At that point, the property is sold under the supervision of the court and the lienors are paid the proceeds in accordance with the priority of lien that they enjoy.
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∙ 14y ago
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What is a legal document giving the lender a claim on the property if payment is not made?
That document would be a Notice of Claim of Lien. Liens can be filed for goods provided or services rendered but not paid for.AnswerA judgment lien, a real estate tax taking, liens for unpaid municipal services such as demolition liens or health hazard clean-ups, special assessment liens such as sewer liens and income tax liens are all forms of involuntary liens. Involuntary liens are those created without the consent of the property owner.
If you have a judgment and lien against your home can you sell it and keep the equity of 125000.00?
The buyer's attorney would have a title examination performed prior to the sale. The liens would be disclosed by the title examination. The buyer's attorney would require that the liens be paid before the buyer takes title. You would get the net proceeds after the payment of the liens and any other sums due on the property such as property taxes, utility and municipal services and mortgages.
If house is foreclosed do all liens have to be satisfied before title is cleared?
The liens that predate the foreclosed mortgage must be paid such as a prior mortgage. The http://taxes.answers.com and any municipal services liens must be paid. Any mortgages, attachments, etc that were recorded AFTER the foreclosed mortgage get wiped out as liens against the property.
When a mortgagor forecloses on a property and sells it who pays any liens?
Generally: The proceeds of the sale are used to pay outstanding liens that must be paid. Liens that must be paid are local, state and federal taxes, municipal services liens, the subject mortgage and any liens that were recorded prior to the recording of the foreclosed mortgage. Any liens that were recorded after the subject mortgage are wiped out as to the record title. They would no longer be liens against the real estate but could be pursued as against the owner who acquired them.
Can truck drivers obtain liens?
If he performed a service for you for which he was promised a payment - and you did not pay him, he has the legal right to lien you.
Is a statutory lien an involuntary lien?
Yes. Statutory liens include tax liens, mechanic's liens, judgment liens, etc.
How many civil judgment liens can be placed on a piece of property?
There is no limit to the number of liens that can be recorded.There is no limit to the number of liens that can be recorded.There is no limit to the number of liens that can be recorded.There is no limit to the number of liens that can be recorded.
Classifications of liens?
There are few types: construction, security, tax, judgment, artisan... you should check your state statutes (lien laws) for the types of liens and the requirements for each. Most state statutes are available online.
Can one property have more than one lien against it?
The liens must be paid before the property can be transferred.The liens must be paid before the property can be transferred.The liens must be paid before the property can be transferred.The liens must be paid before the property can be transferred.
Who satisfies liens on foreclosed property?
The person responsible for the liens must satisfy the liens. When a home is foreclosed on, the liens are removed before the next buyer purchases the home.
Can someone put a lien against if they have not won a court case?
In some cases such as tax liens and liens for municipal services no court action is necessary to record a lien. In others such as creditors or awards in law suits, there must be a court judgment to create a valid lien.
How do you confirm ownership of a property and determine if there are any liens or encumbrances?
You need to arrange to have a title examination performed by a professional.You need to arrange to have a title examination performed by a professional.You need to arrange to have a title examination performed by a professional.You need to arrange to have a title examination performed by a professional.
