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NEED 411, how 2 file mechanics lien..
Hi all, Please help! I have been lucky and never been in this suituation until know. But I guess I am going to have to file a mechanics lein. I just need advice on the how 2's. timeline forms costs etc.
Here's a brief reason why I have to do this,
I have a family to think of 1st of all. I have always done my bussiness on a hand shake. If you can't trust people for there word? well you know, then I guess there is nothing.
So I held my up my end of the bargain, I was to refinish hardwood floors I had agreed to a price.(which I made them a great deal on,of course with the promise of more work) And as far as payments, It was agreed payment in full when I completed the job. I asked twice just to make sure.
Well before my final coat, I as starting to feel a little uneasy. As some of the other contractors on the job started telling me storys of trying to get paid. So I Called to see if I could get my check for payment. I was told that they need the floor inspected,ok lets get the home owner to look it over and if theres a problem I will fix it. There were no problems, So I say great. upon leaving I ask, So we can meet here tommorrow I will do final coat and I can get my check. ok I will calll you in moring so we can set a time to meet up. ok, well I called 8 am left a message and again and again......no call no nothing. So needless to say no final coat. H e finally called back when I told him no check, no final coat. But he could only do partial payment 1/3. So anyways here we go on a month and a half, still have not been paid. I have been more than accommodating to this individual. it is lie after lie now, it is also the customers fault now, it is the banks fault now. Everyones but his, he told me the other day just lien there house. I could not believe that he said that. So there it is pretty much. Thx for your time and help,
Varies from state to state. In some cases you MUST have a signed contract and other details, while in others it is enough to go to the courthouse and swear out a statement. In pretty much all cases once the initial complaint is filed there will be some period of notification and a court date. If the homeowner does not show up the judge pretty much has to automatically place a lien on the property. Even if the homeowner does show up the rules of evidence are generally biased toward the trade's -- short of the homeowner producing a check or other document that shows the work was paid for the lien will be "perfected". The property then cannot be transferred without the tradesmen being paid. Every local Union and general contractor's license bureau can provide specific guidance as to how things work in your area.
Your biggest obstacle will be the absence of a signed contract acknowledging the work to be performed, when/where it was to be performed, and the price for the job and the payment terms.
At this point, you may be able to file a claim/mechanic's lien in your state, but the other party can come in and lie through their teeth about what was agreed upon and how/when you were to be paid. A judge will be stuck in the middle of a "he said -- she said" type of conflict, without anything for you to hang your hat on.
Complicating things at this stage is that, at this point, you admit that you haven't completed the project. According to your own comments, you were to be paid in full upon completion of the work.
While you may have had legitimate concerns about getting paid voiced by other sub-contractors on the project, you essentially have admitted that you didn't live up to the terms of your agreement, either. The GC and/or project owner now has legitimate grounds to refuse to pay you.
Keep in mind that a lien doesn't mean you get paid. Unless it prevents an owner from utilizing their property, they can laugh off your lien until such time as they need a clear title trail to the property, which could be many years.
The issue here is that much as we trades sub-contractors would like to trust our clients and do business on a man's word and his handshake, there's a lot of snakes out there that will aggressively seek to defraud you, even with a well-written and clear contract in hand. Been there ... done that ... sometimes, even with major corporations, like the world's biggest brewery who refused to pay a project upon completion when they found an obscured 1" x 2" flawed surface in my work of 30,000 sq ft. They agreed they'd pay the balance in full upon my completion of the project to their acceptance, but somehow the brewmaster never allowed my crew back in to the facilities to do that little touch up in a non-critical area of the brewery. For over 3 years, we fought over getting paid, even a partial payment with a retainage held until the final sign-off of the project. Finally, the GC paid me when they were thinking they were going to get the facilities maintenance contract for another major brewery in the area that just happened to hear from me how that GC treated their subs ... and were advised that they weren't going to get the contract if they treated folks that way.
Anyway, as painful and costly in your business as it may be ... don't do any work in the future without having the contract in hand, complete with performance specifications that may require change orders to be authorized for you to complete your work properly and in a timely manner. Spell out your T&M schedule in advance for those possible change orders. You'll be glad you did someday when other trades or a project owner damages your work in progress, or doesn't complete their work in a timely manner or condition so that you can do your work as BID. You haven't had real fun in the flooring biz until an electrician or plumber marks up your floor area with spray paint to indicate penetrations or outlets. Last time that happened to me, the floor was supposed to be acid stained with a clear grout/seal coat .... have you ever tried to remove marking paint without grinding the floor?
Sunsprit, thx for the reply. I did do final coat that was how I got the 1/3 of what they owe. And here is the latest, you know how trades talk to each other on the job? it such a long stupid story I will only give the details... I got thretend with a slander law suit today. WOW LMAO these people r jacked.
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NEED 411, how 2 file mechanics lien.. 
