
Originally Posted by
emacon
1) The money was taken out at closing so the LIEN was paid. It has not been released
2) The contract does not state anything about a mechanics lien.
3) The lien was paid at closing and I also paid extra fees the attorney tacked on. The extra fees which I feel I should not have paid is the money I want to go after.
Let me make this very clear. I was never served the lawsuit. As I wrote before "I received the lawsuit VIA EMAIL". So back to my original question if you are an attorney and you can answer it: If I was never served the lawsuit properly and the court did not have jurisdiction over this case can I file a lawsuit for what I over paid and not have to worry about the court dismissing my case because as the other lawyer put it "I should have brought up my defense as a result of the lawsuit that was filed".
You don't "receive" a lawsuit whether it's be telephone, e-mail or dancing telegram. You personally receive a
summons which states that you are being sued. Call the courthouse to see if a lawsuit was ever filed. I also am confused as to what "closing" you're referring to, unless you tried to sell the property with a lien on it.
If a lawsuit was not filed but a mechanic's lien was placed, take your proof to the land records office showing that you paid the lien in full. That is, assuming you paid by check or credit card.
I also don't know what you mean by "I paid off the lien but not the lawsuit." If you had paid the lien in full, there is no grounds for a lawsuit. If you did not pay in full, then there is grounds for a suit and if you lose, you will be most likely have to pay the attorney's fees and court costs.
But like Judy said, you'd be better off letting an attorney in your area handle this for you.