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Old 09-02-2015, 07:47 AM
 
Location: North Texas
23,599 posts, read 31,135,299 times
Reputation: 26656

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Quote:
Originally Posted by Smurfs1 View Post
Do you have the lawyers name and number?
If it comes to that, DM me and I'll dig up the guy's number.

Quote:
Originally Posted by EDS_ View Post
In the short term I would agree that the OP has bigger fish to fry.

A BS sub-contractor lien is not the same a lien placed in good faith by a sub who got screwed over by a fraud/drunk/scammer GC.
True. However, the lien my sub (let's call the company "Bob's Electrics") placed on my house was not entirely BS...however, they didn't follow the letter of the law so the lien was automatically invalid.

In broad strokes, I hired a GC to do work on my house in 2009. He subbed out a job to "Bob's Electrics" without my knowledge. He failed to pay "Bob's Electrics" without my knowledge. I paid my GC in full and can prove it. Fast-forward to 2013. I received a letter from "Bob's Electrics" informing me of the lien and demanding over $1000 to make it go away. I did some research, then contacted "Bob's Electrics" and told them I could either give them $200 to make the lien go away, or pay a lawyer $200 to force them to make the lien go away. They chose the lawyer route.

They did sue the GC in 2010 and won, but never collected the judgment. They also filed the lien on my property in a timely manner; however, they never notified me that they were not paid nor that the lien had been filed. That alone rendered the lien invalid.

All it took was the letter from the lawyer to make "Bob's Electrics" go away. It sucks that they didn't get paid, but they didn't have a contract with me so I owed them nothing.

I realize the OP's circumstances are different, and he may end up taking it in the pooper over the GC not paying the subs. I hope not. But he needs to fire that GC pronto.
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Old 09-02-2015, 08:03 AM
 
7,279 posts, read 8,112,371 times
Reputation: 5366
Quote:
Originally Posted by BigDGeek View Post
If it comes to that, DM me and I'll dig up the guy's number.



True. However, the lien my sub (let's call the company "Bob's Electrics") placed on my house was not entirely BS...however, they didn't follow the letter of the law so the lien was automatically invalid.

In broad strokes, I hired a GC to do work on my house in 2009. He subbed out a job to "Bob's Electrics" without my knowledge. He failed to pay "Bob's Electrics" without my knowledge. I paid my GC in full and can prove it. Fast-forward to 2013. I received a letter from "Bob's Electrics" informing me of the lien and demanding over $1000 to make it go away. I did some research, then contacted "Bob's Electrics" and told them I could either give them $200 to make the lien go away, or pay a lawyer $200 to force them to make the lien go away. They chose the lawyer route.

They did sue the GC in 2010 and won, but never collected the judgment. They also filed the lien on my property in a timely manner; however, they never notified me that they were not paid nor that the lien had been filed. That alone rendered the lien invalid.

All it took was the letter from the lawyer to make "Bob's Electrics" go away. It sucks that they didn't get paid, but they didn't have a contract with me so I owed them nothing.

I realize the OP's circumstances are different, and he may end up taking it in the pooper over the GC not paying the subs. I hope not. But he needs to fire that GC pronto.

If "Bobs" had handled their business properly your would have owed them.
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Old 09-02-2015, 08:22 AM
 
Location: North Texas
23,599 posts, read 31,135,299 times
Reputation: 26656
Quote:
Originally Posted by EDS_ View Post
If "Bobs" had handled their business properly your would have owed them.
Thank goodness they didn't.
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Old 09-02-2015, 10:45 AM
 
10 posts, read 4,628 times
Reputation: 10
Quote:
Originally Posted by BigDGeek View Post
But he needs to fire that GC pronto.
I agree. But how? I have signed a contract. This is why I want a lawyer. I am already deep into dog doodoo with this guy.
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Old 09-02-2015, 10:54 AM
 
Location: North Texas
23,599 posts, read 31,135,299 times
Reputation: 26656
Quote:
Originally Posted by Smurfs1 View Post
I agree. But how? I have signed a contract. This is why I want a lawyer. I am already deep into dog doodoo with this guy.
The lawyer I used to send that letter is a friend of a friend and this isn't his area of expertise...any lawyer should be able to tell a sub with a BS lien why it's BS and what'll happen if they don't withdraw it.

I bet EDS can recommend someone.
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Old 09-02-2015, 11:45 AM
 
7,279 posts, read 8,112,371 times
Reputation: 5366
Quote:
Originally Posted by BigDGeek View Post
The lawyer I used to send that letter is a friend of a friend and this isn't his area of expertise...any lawyer should be able to tell a sub with a BS lien why it's BS and what'll happen if they don't withdraw it.

I bet EDS can recommend someone.
BigDGeek,

I think what you may be missing is if these guys file liens properly, and doing so is really easy, the OP will not be facing BS liens but instead real legally enforceable liens.
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Old 09-02-2015, 11:51 AM
 
7,279 posts, read 8,112,371 times
Reputation: 5366
Quote:
Originally Posted by Smurfs1 View Post
I agree. But how? I have signed a contract. This is why I want a lawyer. I am already deep into dog doodoo with this guy.
I asked my lawyer and he cannot help. He's not taking any new clients until next year. He did say he'd see about finding someone in Collin County for you.



Do you have any way of knowing if your house is being trashed or if any progress is being made?
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Old 09-02-2015, 12:05 PM
 
10 posts, read 4,628 times
Reputation: 10
Quote:
Originally Posted by EDS_ View Post
I asked my lawyer and he cannot help. He's not taking any new clients until next year. He did say he'd see about finding someone in Collin County for you.



Do you have any way of knowing if your house is being trashed or if any progress is being made?
That would be great if he can provide contact info. for another attorney. The home is not yet being trashed and he is making progress but it's very slow. He stops paying people and they drop everything and leave. He is also asking these guys to buy supplies and leaves them hanging. Ceilings are still not done and they were started over a week ago. 3 different subs have worked on the ceiling. I want to stop the process, take my loss and move on. I am so done with this guy.
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Old 09-02-2015, 12:32 PM
 
Location: North Texas
23,599 posts, read 31,135,299 times
Reputation: 26656
Quote:
Originally Posted by EDS_ View Post
BigDGeek,

I think what you may be missing is if these guys file liens properly, and doing so is really easy, the OP will not be facing BS liens but instead real legally enforceable liens.
Nope, didn't miss anything. I am fully aware of the difference between the OP's circumstances and mine. I'm also fully aware that if "Bob's Electrics" had done it right, I'd have been on the hook. I also expressed gratitude that they didn't know what they were doing. Otherwise, I'd have had to pay them over $1k that I'd already paid the GC.

Yup, didn't miss anything.
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Old 09-03-2015, 08:42 AM
 
10 posts, read 4,628 times
Reputation: 10
Well, it has happened. A sub has filed a lien.
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