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daunasetzkorn · Nov 6, 2012, 11:01 PM

My ex boyfriend owns a business and filed a lien against my home when he has never done any work for me and has no contract with me for anything. How is this possible and how do I fight this? I am in Oregon. I have received no papers or any kind of notice or attempt to collect any debt.

Alty · Nov 6, 2012, 11:12 PM

Do you own your home? Is he part owner of the home?

He can't file a lien on something he doesn't own. If that's the case I'm sure you can fight this. How, I'm not sure. Hopefully the legal experts will come along and give you the exact steps you need to take to resolve this. Check back often, it's pretty late and we all volunteer here, so it could be tomorrow before you get an answer to this question.

joypulv · Nov 7, 2012, 04:12 AM

Yes, he can file what is called a Mechanic's Lien, usually for renovations. It holds your deed so that you can't sell your house without paying it.
He has 120 days after the lien is filed to sue you in civil court. A written contract is not required in Oregon, but of course he has a weaker case without one. You might want to countersue for punitive damages if he truly did no work on your house and is just being malicious.

daunasetzkorn · Nov 7, 2012, 05:42 AM

Yes, I own the home and no he does not own any part of it. We have been broken up for more than 6 months so he is well past any time restrictions I would think to even start something like this. Further, he has a stalking order in place against him for contacting me which includes third party contact, but thinks because I tried to be friends with him a year ago that this order is no longer valid.

daunasetzkorn · Nov 7, 2012, 05:45 AM

Originally Posted by Alty

Do you own your home? Is he part owner of the home?

He can't file a lien on something he doesn't own. If that's the case I'm sure you can fight this. How, I'm not sure. Hopefully the legal experts will come along and give you the exact steps you need to take to resolve this. Check back often, it's pretty late and we all volunteer here, so it could be tomorrow before you get an answer to this question.

Yes I own... no he doesn't... I will fight him forever if I have to... this is ridiculous.

joypulv · Nov 7, 2012, 05:50 AM

The time limit to file a lien is 75 days from when the work was completed.

It sounds like he is doing this to get back at you.

If you get the notice of civil suit, countersue, or at least respond/show up for court.
If you don't, the lien will expire in 120 days from when it was filed.

daunasetzkorn · Nov 7, 2012, 06:00 AM

Originally Posted by joypulv

The time limit to file a lien is 75 days from when the work was completed.

It sounds like he is doing this to get back at you.

If you get the notice of civil suit, countersue, or at least respond/show up for court.
If you don't, the lien will expire in 120 days from when it was filed.

Thank you so much. Yes he has long expired the time limit and I most certainly will respond. I am not sure what I would "countersue" for?? And would that onle keeps things going which is what he is after and it is not worth the risk of making him angry, like I said before, I already have a restraining and stalking order against him. I just want to be through with him for good.

ScottGem · Nov 7, 2012, 06:05 AM

On a good note, the lien means nothing unless you are trying to sell the house.

How did you find out about the lien? Have you checked with the county recorder of deeds as to what type of lien was filed and what the lien is for? Also asked them how to get it removed?

joypulv · Nov 7, 2012, 06:09 AM

You don't have to countersue unless you want damages (money) for his fraudulent charges and emotional distress.

He may never file. This may all be just to get you upset.

Try to assume that, but have your ducks in a row. Pictures or video of your house inside and out. Possibly affadavits from people close to you about no work ever done on house.

daunasetzkorn · Nov 7, 2012, 06:14 AM

Originally Posted by ScottGem

On a good note, the lien means nothing unless you are trying to sell the house.

How did you find out about the lien? Have you checked with the county recorder of deeds as to what type of lien was filed and what the lien is for? Also asked them how to get it removed?

A sheriff left a calling card on my door... not sure yet why. It included the case number. I knew it had to do with the ex because the sheriff office indicated his county and not mine. So I called and asked him if he had filed a civil action since it was too late to reach the court, to which he said yes a lien. Knowing a little bit about liens, I knew this was fraudulent because he has never done anything for me that required payment. I am calling the court first thing this morning to find out all the details.

ScottGem · Nov 7, 2012, 06:20 AM

Yes, you need to find out the details, especially before you start getting all upset. If you think whatever action he filed is without merit then you fight it and countersue for costs.

People can file all sorts of things that don't have merit. Once you prove it doesn't its removed or dismissed.

daunasetzkorn · Nov 7, 2012, 06:44 AM

Originally Posted by ScottGem

Yes, you need to find out the details, especially before you start getting all upset. If you think whatever action he filed is without merit then you fight it and countersue for costs.

People can file all sorts of things that don't have merit. Once you prove it doesn't its removed or dismissed.

Yes, I suppose you are right... its just the hassle of taking time off work and having to explain why to my boss and the stress of dealing with a person that has no onther agenda than to cause me stress and grief. Had he actually ever done work of any kind I would understand but he has not ever.

ScottGem · Nov 7, 2012, 06:52 AM

Originally Posted by daunasetzkorn

Yes, I suppose you are right...its just the hassle of taking time off work and having to explain why to my boss and the stress of dealing with a person that has no onther agenda than to cause me stress and grief. Had he actually ever done work of any kind I would understand but he has not ever.

Well this is part of my problem. You don't actually know that he filed a lien. All you know is that a civil action was filed. In fact, a mechanics lien usually doesn't require a civil action to file. At least not until after its filed. Obviously he's not that trustworthy. He could have told you anything.

The good news is that you know he has no valid cause of action against you. So you can easily get it dismissed and you may be able to have your costs compensated.

daunasetzkorn · Nov 7, 2012, 07:07 AM

Originally Posted by ScottGem

Well this is part of my problem. You don't actually know that he filed a lien. All you know is that a civil action was filed. In fact, a mechanics lien usually doesn't require a civil action to file. At least not until after its filed. Obviously he's not that trustworthy. He could have told you anything.

The good news is that you know he has no valid cause of action against you. So you can easily get it dismissed and you may be able to have your costs compensated.

Yes, you are correct, I do not know exactly what has been filed other than he said he filed a lien. The sheriff did leave a card asking me to call regarding the case so it could be anything. I will know more in a couple of hours and will certainly be asking more questions as I have received very good advice/information here. Thank you

ScottGem · Nov 7, 2012, 07:27 AM

Good luck and keep us posted