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A contractor did not pay his bills for driveway pavers installed

 

Customer Question

A contractor did not pay his bills for Driveway pavers installed at my home July 2011. The paver compay registered a lien against my home in Seminole county on 7 October 2011 for approx $3600. The contractor has promised he was making progress payments and would take care of it. The Paver company tells me the contractor only made one partial payment a few months ago, and the approx $2000 remaining would be sent to their attorneys for processing in about a month (she said next step would be a notice to forclose on my home).

Question: What steps do I need to take? Should I pay the $2000 and avoid the attorney's fees? I think it's high risk the contractor will pay his bills. Thank you!

Bill Reese

 

Optional Information:
Country relating to Question: United States
State (if USA): Florida

Already Tried:
I have been in contact with the contract via phone text and a rare phone call. He "assures" me he is working hard to pay off his debts, that he feels so bad to put customers through this stress, etc, etc.

Submitted: 295 days and 22 hours ago.
Category: Legal
Value: $59
Status: CLOSED
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Expert:  INFOLAWYER replied 295 days and 22 hours ago.


INFOLAWYER : You can demand contractor pay. If does not pay and concerned with lien you may pay lien and sue contractor
INFOLAWYER :

let me know what your priority is though.

INFOLAWYER :

As that affects whether you pay the vendor or not.

Customer :

Thank you for your reply. Sounds like I either sue, with little expectation of getting compensation, or pay the lien and chaulk it up to a learning experience. If the lien gets processed through the company's attorney, they said they start Foreclosure proceedings. Is that the correct sequence and if that happens can I pay it off at that point? I obviously don't want to jeapordize my home over this. Thanks!

INFOLAWYER :

It would be normally advisable to pay it off and sue the contractor

INFOLAWYER :

the former takes care of the lien

INFOLAWYER :

the latter can be handled using a lawyer on contingency

INFOLAWYER :

as well as complaint to the BBB and dept of consumer affairs.

INFOLAWYER :

That would be the recommended sequence to best protect the property

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Expert:  INFOLAWYER replied 295 days and 21 hours ago.

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Expert:  INFOLAWYER replied 295 days and 21 hours ago.

INFOLAWYER :

It would be normally advisable to pay it off and sue the contractor

INFOLAWYER :

the former takes care of the lien

INFOLAWYER :

the latter can be handled using a lawyer on contingency

INFOLAWYER :

as well as complaint to the BBB and dept of consumer affairs.

INFOLAWYER :

That would be the recommended sequence to best protect the property

Expert TypeAttorney
Category: Legal
Pos. Feedback: 96.6 %
Accepts: 18816
Answered: 7/2/2012

Experience: Licensed attorney helping individuals and businesses

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