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If the charge is valid - Yes
This is called a mechanics lien. If the contractor did the work and you didn't pay, yes it can be done without suing you.
The contractor was paid the final payment but he needs to reimburse us $70.00. I placed a stop pmt on permit fees check for $150.00 and reissued a new check for the difference. Can he still place a mechanics lien? He was paid in full for the work.
What do you mean valid?
It seems you have a dispute with the contractor since you paid a certain amount and also expect a reimbursement. Who did you make the check out to for the permit fees, the city?
First, please don't use the comment feature for follow-up. Use the Answer options instead.
It depends on what your contract says. If he feels you didn't fulfill the contract then he can place a lien. You can sue him to remove the lien.
First yes, the contractor merely goes down to the court house and files in most areas. Your error here was paying them a check and then stopping payment, by paying the amount you appeared to have owed it.
So if he is claiming you owed the 150 and you have now paid him 70 or 80 he can stillplace a lien on the balance he claims is still owed.
Also to even confuse it more, ( and more info than you asked)
lets say he went to the lumber yard and bought material on credit, and did not pay for it, even if you paid the contractor, unless you got a release on the material, the lumber yard can come and put a lien on your house for the value of the material, even if you paid the contractor, if they did not get paid. So always get a release from the material supplier if you have a contractor do any major work.
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