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    snuggler's Avatar
    snuggler Posts: 1, Reputation: 1
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    #1

    Jan 31, 2010, 08:40 AM
    How do I put a lien on a contractors license?
    How do I put a lien on a contractors license?
    He started my work on my house and messed up a lot of it. Now he's not finishing the work or fixing the mistakes he made. He comes to work on the house 2 to 4 hours a week some times. He has lied to us a lot of the way we are finding out. He's been paid all but final payment. What do I have to do What do I have to do to correct this problem?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Jan 31, 2010, 11:25 AM

    You need to file a lawsuit in Small Claims Court. You can't put a lien on his contractor's license. You can only put a lien on a home if it is real estate.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 31, 2010, 12:01 PM

    There is no way to put a lien on a license.

    You can sue him ( or his business if they are incorporated) for damages to the home, and for the cost to fix it correctly if he did not.
    ryerson2's Avatar
    ryerson2 Posts: 11, Reputation: 0
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    #4

    Feb 2, 2010, 12:26 PM

    You can only put a lean on his funds you will need to take him to court and sue him then if you win and he doesn't pay you with in 30 days you report to the court you received no money and they will put a lean on every thing he owns till its paid to you in full
    Keodi66's Avatar
    Keodi66 Posts: 2, Reputation: 1
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    #5

    Feb 8, 2013, 09:59 PM
    2 licensed contractors started work on my home 8/27/12,providing me w/ a Scope of Work Bid listing 14 items of things to do. They successfully completed 3 items. They started and created damage to my property on the other two projects-those being the interior painting of the walls and ceiling and laying of new floors. They are not complete even with these two items yet they emailed me last night stating that they are going to send me a final invoice seeing how I have not contacted them about the border. They cut up my kitchen and bath countertops by using them as a work bench w/ their utility knife - I personally witnessed this and when I brought to their attention that now I know how my countertops got all cut up they just laughed at me and walked away. They ruined my border throughout the house while painting the walls. They caused my refrigerator to leak water and flood my kitchen floor by kinking up the water copper hose when they moved the fridge out to paint and then move it back to the wall. The lower half of the wall is not painted. There are various areas of the flooring that is not laid securely, no floor nor bathroom nor kitchen molding has been laid. There are drips, clumps and splatters of paint throughout the house, doors, trims, walls and ceiling that needs to be sanded and re painted.My countertops are not fixable they need to be replaced.My border are ruined and need to be removed and replaced.They left my garage filled with garbage which cost me an additional 140.00 in extra garbage and dump fee expenses. I am afraid that they will place a lien on my home as I have tried to talk with them but they get angry with me and refuse to fix things when I ask them to do so based on those things which they broke or did in error. One time I sent them an email thinking that would give me the opportunity to say and list everything that is 'wrong' but they sent back a nasty note and were very rude towards me when they came out the next time. I have pictures of all the sloppy work, damages and incomplete work they did plus I have copies of all emails and I still have the Scope of Work Bid they provided me. Can they send me a final invoice billing me when they did not complete a majority of items listed and when what they did do causes damages that would exceed monetary value to fix of that which I already paid them? Their interior paint work will need to be sanded and re done. Many areas of their flooring laid is unsecured, no molding- ie; it is incomplete work so can they collect on this item if it is not yet complete? I am afraid that they will place a lien on my home, can they do this ? I am a disabled widow, my husband just died 1/28/11 and I really cannot afford legal fees to fight this.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Feb 9, 2013, 07:22 AM
    Quote Originally Posted by twinkiedooter View Post
    You need to file a lawsuit in Small Claims Court. You can't put a lien on his contractor's license. You can only put a lien on a home if it is real estate.
    I never saw this thread before until someone brought it up by asking a new question (which should not have been done, by the way).

    The answers given may well be incorrect. When a contractor is licensed, he or she may have been required, by the law governing contractor licensing in the jurisdiction, to post a bond. I believe OP might have been able to make a claim against that bond.

    That is what was meant by "putting a lien on" the license.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Feb 9, 2013, 07:29 AM
    Quote Originally Posted by Keodi66 View Post
    ... I am afraid that they will place a lien on my home ... Can they send me a final invoice billing me ... I am afraid that they will place a lien on my home, can they do this ? ... I really cannot afford legal fees to fight this.
    Yes, they can send you an invoice, and yes they probably can file a mechanic's lien (depending on the law governing mechanic's liens in your state). But not to worry: just don't pay the invoice and the lien means nothing unless they follow it up with a lawsuit in so many days. Unless you are preparing to sell or mortgage your home soon, why worry about a lien?
    Keodi66's Avatar
    Keodi66 Posts: 2, Reputation: 1
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    #8

    Feb 9, 2013, 10:27 AM
    Quote Originally Posted by AK lawyer View Post
    Yes, they can send you an invoice, and yes they probably can file a mechanic's lien (depending on the law governing mechanic's liens in your state). But not to worry: just don't pay the invoice and the lien means nothing unless they follow it up with a lawsuit in so many days. Unless you are preparing to sell or mortgage your home soon, why worry about a lien?
    Wow! Thank you so much! I have no idea what impact a mechanics lien may have on my home. I have been struggling trying to understand their meaning while reading about them online and the word "foreclose" keeps popping up so I thoguht that meant my home would go to foreclosure if they placed a mechanics lien on my home.
    I have no intentions of paying their invoice as it will cost three to four times their total charges just to replace my kitchen and countertops they cut and gauged up. Plus it will cost one and one half time more than what I paid their total invoiced charges to have someone come in to scrape off the drips, clumps and dried on paint brush bristles throughout the house and re paint, not to mention the cost of buying more of the same materials to correct their mistakes. Wow, I feel a whole lot better now, this was really stressing me out.

    Thank you : - )

    Vanessa
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #9

    Feb 9, 2013, 11:14 AM
    Quote Originally Posted by Keodi66 View Post
    ... so I thoguht that meant my home would go to foreclosure if they placed a mechanics lien on my home....
    Well, they could, in theory, sue to foreclose their lien. But to do so they would have to prove in court the validity of the underlying claim (what they claim you owe them for the work they did). And if they were to try that, it probably wouldn't cause a foreclosure of your mortgage (if you have one). So, if they were to obtain a judgment, they couldn't sell your home unless they wanted to pay off the mortgage as well. That's not going to happen.

    A mechanic's lien is usually useful when the homeowner has a sale in the works. It would, if valid, force payment of the contractor's claim before the sale can go through. If no sale is imminent, a mechanic's lien is useless.

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