Removing a Fraudulent Contractor's Lien in California?

Question

Long story short. Contractor built carport not to code and when asked about it...got mad and quit. I filed a complaint with the State and we are going to mediation. He filed a lien against my house in June for 3 times the amount of the 5,000.00 contract (15000.00). He has no basis and was actually paid all the money due up until the time he quit, 2,500.00. I have estimates of repair to the carport at 5,900.00-7,400.00 as it has to be removed now and totally rebuilt. The house in question is in Escrow to be sold. What can I do? Also...he is a dead-beat who owns nothing of value.

Answer 1

Quickest way is to offer a small settlement!

otherwise you will prevail in the long run

Minus attorney fees and court costs

Sorry it is a no win battle even if you win he may be judgement proof      

GL eek

Answer 2

Since he had a contract with you, and the work was completed, technically, he can file the lien since he wasn't paid in full.

However, what you have to do is get evidence in writing from the city/county as well as another contractor and counter-sue him on those grounds.  

I feel you have very strong grounds to get it removed and even a refund, but you must take him to court and PROVE IT.

Answer 3

If it's not up to code and he built it, the courts are NOT going to make you pay for it. If he is contractor he has an obligation to do things by the book. Especially if you are paying him. BUT you should make sure he had the credentials to do it in the first place. If you didn't then you might not get anything for the repair (but you still wouldn't have to pay). Make sure you have all the bank information of the money given to him and the date on which he quit. You should be fine. Unfortunately, there are those idiots in life that make things harder then they should be. Good luck!

Answer 4

This will take months to resolve.   You can get it fixed, but you have to take him to court over it.

If you want escrow to close you are going to have to pay him and try to recoop the money later.    You really should have handled this in June, even then you would still be waiting for a court date.

Answer 5

Did you ever hear that if you don't think you'll be able to recover the money, just quit and leave it at that? It's expensive to hire a lawyer to go out and try to collect money off of a "deadbeat" who has no assets. Just take your proof of paying the contractor (to cover your @ss against his claims of you owing him) and attempt to fix your carport with another contractor. It was your responsibility to do a background check and find references of past work and past customers BEFORE you hired him. So if he obtains the lien, fight it, next time do your homework!