[SmoothKitty]

I am about to assume billing responsibilities for a neighborhood shared well. The costs are very small... $2-$5 for electric to run the wellhouse and $10.00 for the emergency fund per month. This is in Wisconsin.

I am aware that there is 1, maybe 2, residents on the shared well who do not pay as they should. In the past, billers have tried showing up on their doorsteps asking for money, sending numerous past due bills, threatening legal action, etc.

While I don't mind sending the bills and letters (which usually do no good anyway), I'm not comfortable with knocking on the door of these people and asking for money. My idea is to send the bills, after sixty days tacking on a 1.5% finance charge and after maybe 6 months filing a lien against the property. There's a very high turnover of homes in this area.

Can anyone tell me if this is feasible and what the approx. cost might be to file a lien?

Thank you.

[Fr_Chuck]

I would say if you don't like being showing up at the door, why not merely arrange to have their water shut off ( just like the city does)

[SmoothKitty]

Because I'm told it's illegal to do that without an attorney and a court order.

[LisaB4657]

Is there some kind of written agreement concerning the well? Usually it gets recorded along with the deed for the property and it runs with the land, which means that every time one of the properties is sold the new owner is bound by the agreement.

If there is a written agreement you have to read it carefully to see what your remedies are. You may be able to file a lien against their property based on the agreement.

[SmoothKitty]

Yes, there is a written agreement that concerns shared well usage. I read mine very carefully when I bought my home here. As far as paying the bill is concerned, it's pretty casual in its wording.

And yes, I CAN file a lien against those who do not pay their share. I may not have worded my question very well, but I was asking if I can file the lien MYSELF, without an attorney, and approximately what it might cost to file it.

Thanks for writing.

[LisaB4657]

Hmm... the cost of filing the lien is probably not more than $20-50. But the hard part is writing the lien. There isn't exactly a form for something like that. And if you do it wrong you run the risk of being liable to the owner for any damages they may suffer.

It would be safer and smarter for you to have an attorney draw one up and file it for you. Then you'll have it as a form in the future. And the cost shouldn't be that bad - maybe $100-200. Plus the agreement probably allows you to add the legal fee and recording fee to the amount that the homeowner owes.

[SmoothKitty]

That sounds like a good plan. And you're saying I could use the same form (minus the specific wording) for future use, which means I could file myself. I think that's the way to go.

THANKS!

[LisaB4657]

My pleasure. Good luck!