I had a deck built @ my home and it was wrong and I paid half and now he wants to put a lein on my home what

Question

happens now? How do I

fight this?

Answer 1

dude i'm sorry i don't know. contact your lawyer dude.

Answer 2

Do you get a loan against the house or is the contractor sueing you? If you got an equity loan to pay for it then yes, the bank can take your home. If the contractor is sueing you he'll have to settle it in court. If he does win, you'll have to pay him. They'll order a judgement against you. If you win, you could pay nothing and even win a judgement against him for themoneys you have already paid.

Answer 3

He probably will do it.  Your best bet is to go to small claims court.  You'll need another contractor to appear or give an affidavit describing what's wrong with the deck and you'll want a few estimates for what it would take to repair it.

It's never a good idea to hope these things go away.  Best to deal with it now.

Good luck!

Answer 4

You may need to just go see a lawyer or look up the rules for your state.  Problem is the laws for this vary state to state and without knowing what state you are in, we are going to have a hard time helping you (or you could just repost this with your state named).  In some states you don't even get a chance to stop the mechanics lien, you must wait for it to get filed and then go fight the thing in court (or do one of a few others things).  So, just go see a lawyer and find out the process for your state (or try to look it up, or repost with your state named).

Answer 5

This depends on your state, I disagree with John, he may and probably will put a lien on the property, they can do this.  In some states, liens are put on prior to work starting.  I would get an attorney to look at the paperwork and contracts and get this settled as once the lien is on it will stay with you until it's settled.  Make sure you can prove that the contractor did the work incorrectly, without this, you may have an issue

Answer 6

Take him to court or require him to take you to court. Unless paperwork says otherwise, they can't just put a lien on your place. You may need to goto small claims or if it's a lot of $$, hire an atty. by the hour to help you out.

Answer 7

You sue the builder.

Answer 8

Take him to small claims court and fight it. (small claims court handles cases under $5000.)

Answer 9

i would think you had a contract wich stated what he was doing and that there were plans submited when you got the permits.if he didnt build the deck as per plans and contract he might be in default and you owe nothing (breach of contract)now my question if the deck was wrong why didnt you stop him before it was finnished a judge might ask you this thinking even though you knew it was wrong planned on complaining to get out of paying in full and still getting a deck out of it