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SMH | Lein on house that I did work on? |
How would I go about putting a lein on a house that I did work on. The people who own the house paid the company I subcontract thru, but the company did not pay me. Now I was told I could put leins on the house, because I did the work, did not get paid. ** I did not sign the paper saying I would not put a lein on the house**
So now what do I do?? |
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HARJIWAN M
|
try county recorder |
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annazzz1966
|
You need to sue the company that did not pay you in small claims court.
Because the job was a subcontracted one, you are not eligible to place a lien on the house you worked on. |
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effeykins
 |
Laws will vary from state to state, but in Ohio, you can file a mechanic's lien, which would state that the work was done on (property description), which at the time was owned by (owner's name) under a contract with (contractor's name). This way, both parties are listed, and when a title search is done, it will appear as a lien on both parties. The contractor will be more inclined to pay, if their projects are being held up because of your lien |
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john p
 |
Why are you putting a lien on a house whose owners paid the contractor? Your problem appears to be with the company that has not paid you, not with the homeowners who paid for the work.
Leave the homeowners out of your problem with the company that did not pay you. SUE the company who owes you $$.
If I was the homeowner & you liened my property after I paid for the work, I would sue you. I assure you that your legal fees would be more than the $$ the company owes you. |
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just-imagine
 |
You cannot put a mechanic's lien on a house you worked on as a subcontractor, regardless of whether you were paid or not. The owners of the house paid what they owed, since you were working with a contractor who did get paid, you need to take this contractor to small claims court. |
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Spock (rhp)
|
state law controls. contact your business attorney for advice on how to proceed. |
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CIFYACAN
 |
Get a mechanics lien form and go to the Court house where they record all the documents and file the lien against the legal description on the house. Too bad for the owners of the home but they are going to have to pay you or they are going to have to make the company pay you. |
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Expert Realtor
|
You cannot legally put a lien on a house owned by someone that you did NOT have a contract with.
You have to sue the company that subbed you out.
The legal requirement for a mechanics lien against a property is that you have to have a contract SIGNED by the homeowner, which creates a "meeting of the minds".
In your case, it doesn't exist....sue the correct person. |
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Just my opinion
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If the people paid the subcontractor the full amount, then you may have to try and collect from the subcontractor. Who did you sign a contract with the home owner or the subcontractor? If you have a contract with the home owner than you probably need to take them to civil court. Depending on the amount of Judgment you are seeking you may be able to go to small claims which is cheaper, faster and easier. If it is a large amount unless you understand civil law you may want to contact a civil attorney. Once the judges rules in your favor. Depending on the laws in your state you should be able to put a lien on their property, do a wage assignment or freeze their bank account.
If you have a contract with the subcontractor and not the homeowner you can still take them to court. You can't collect any money involuntarily without a court judgment. |
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