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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 15761
Experience:  Licensed Texas General Practice Attorney
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Can a former client hire an attorney to remove a construction

Customer Question

Can a former client hire an attorney to remove a construction Lien I placed legally on a job through a Lien company saying they consider it illegal as we never resolved our issues and will hold me responsible for their legal fees of $2000. They have also given less than 8 business hours to do so. I believe they are doing this as the Lien is holding up payments they are waiting for from other people
Thank you for your insight
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.
Thank you for using JustAnswer.
I'm sorry to hear about your situation. Yes, it's certainly legal for a client to hire an attorney to remove a construction lien if they're successful in arguing that the lien was wrongful to begin with.
If the Mechanic's Lien is not timely recorded or a lawsuit to enforce it is not timely filed the owner may petition the court under Civil Code Section 8480. Before filing the petition, however, the owner must first serve the contractor with a notice providing them 10 days within which to remove the Mechanic's Lien voluntarily. This notice must comply with the technical requirements of Civil Code Section 8100 - 8116 so it is a good idea to consult with a lawyer before giving the 10 day notice.
Once the 10 days have passed, if the contractor has still not removed the lien a Petition can be filed and a hearing date will be set. The Petition must be served on the contractor at least 15 days prior to the hearing (Civil Code Section 8486). If the owner has complied with all of the requirements of the Civil Code and meets the burden of proving that the Mechanic's Lien is defective, the lien will be ordered removed and the owner will be entitled to their costs and reasonable attorney fees.
Note that just because they get an attorney and file to have the lien removed doesn't mean that they'll be successful. They have the burden of establishing that the requirements to obtain a lien have not been met, or that it's too late to sue to enforce the lien. If they can't prove these things, then the lien will remain.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Expert:  ScottyMacEsq replied 1 year ago.
Did you have any other questions before you rate this answer?
Expert:  ScottyMacEsq replied 1 year ago.
I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

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