How to protect my home from a wrongful mcechanic's lean in California.?

Question

a written proposal was made. Contractor did not complete agreed upon work. and was asking for the next progress payment. We had agreed contractor would forward a detailed invoice of material, work and labor not covered by the initial 10% deposit. Now he has filed a 40k lien on our home. what should I do to protest this inaccurate lien?

Answer 1

You have to take this to civil court, there is no other way.

Answer 2

Get an attorney for hire a paralegal company to help you with the documents.  They're cheaper.

Answer 3

Well, it's not inaccurate, because as long as he can prove he did the work and can provide a signed contract by you showing that you agreed to pay him, he CAN legally file the lien.

Contractors do not have to 100% finish the job in order to file a mechanics lien.  Did you inform the contractor in writing that he was to provide you with the invoice?  Was this portion of your agreement IN the contract?

Basically the contractor has $4,000 and has completed $40,000 worth of work....do you think that is fair?

He had a right to ask for the next progress payment and a right to file the lien.  

You need to get with him and work out some type of deal to where you can get the work finished and he can get paid.  You have no idea of how high that lien can go once attorney fees get added on.

PS:  The court always asks for evidence of a written contract signed by both the contractor and the homeowner....this is a LEGAL requirement BEFORE the courthouse will place the lien on a property.

Answer 4

The question that always comes up in situations like this is what proof do you have.  When you made this agreement with the contractor, was it in writing?  Was a contract signed?  You will want to seek legal counsel in a matter like this.  Gather all the proof you have and take legal action.