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The concrete contractor we hired did not pay one of their bills and that company placed a lien on our house demanding we pay it. We paid the contractor in full 2 1/2 months ago. Do we file a small claim against them?

Submitted: 427 days and 14 hours ago.

Category: Legal

Value: $30

Status: CLOSED

everett, Washington

Already Tried:
We tried calling the contractor. We got a hold of one of the employees once who said he'd take care of it. They didn't. We can't get a hold them now. If we're interpreting the RCW 60.04.031 in Washington, the lien wasn't delivered correctly. We were not notified in advance vi certified or registered mail. We were sent a letter through normal mail. Also, we've already paid the contractor in full (last payment was July 3). RCW says, Lien...may only be satisfied from amounts not yet paid to the prime contractor. This company is also trying to charge us for the cost of the lien - an additional $200.

Posted by RayAnswers 427 days and 14 hours ago.

Answer

Thanks for your question. You can certainly file pro se here on your own. Small claims is set up to allow you to do this. I am giving you a web page here with forms and instructions. You have a real good case here to get your funds and costs back from the contractor. You have my sympathy here for the situation. I wish you good luck here..

http://public.findlaw.com/litigation_appeals/washington-small-claims.html

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Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.

Edited by RayAnswers on 9/21/2008 at 4:26 PM

427 days and 14 hours ago.

Reply

Everett, Washington

Posted by RayAnswers 427 days and 13 hours ago.

Answer

Thanks for your question. You can certainly file pro se here on your own. Small claims is set up to allow you to do this. I am giving you a web page here with forms and instructions. You have a real good case here to get your funds and costs back from the contractor. You have my sympathy here for the situation. I wish you good luck here.

http://public.findlaw.com/litigation_appeals/washington-small-claims.html

Thank you and please click accept so that I may be paid for my answer to you. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.

427 days and 13 hours ago.

Reply

Did you see the other part of my question as to whether the lien is even legal? We've paid the contractor in full - am I interpreting RCW 60.04.031 correctly? Here's the link

http://apps.leg.wa.gov/RCW/default.aspx?cite=60.04.031

Thanks

Posted by RayAnswers 427 days and 13 hours ago.

Answer

You have a good argument about the lien here. It appears that it wasn't filed correctly under the statute. You would have to file in regular district court to challnege this aspect with the subcontractor here.

You can do both. You are going to need to obtain a lawyer if you want to challnege the lien. Youmight be entitled to attorney fees in both matters here if you prevail. You do have sympathy here as you have done nothing wrong and are just an innocent victim here.

You also need to file a complaint with the AG consumer protection branch here. This costs nothing and often will assist you in recovering your funds. They often take legal action themselves here. Here is their web site, you can file online..

http://www.atg.wa.gov/FileAComplaint.aspx

427 days and 13 hours ago.

Reply

OK thank you.

Accepted Answer

You're welcome and good luck. Next time if you do more contracting always demand releases from the subs before you pay the last installment. This happens alot unfortunately. Maybe the AG will help here..

Thank you and please click accept so that I may be paid for my answer to you. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.

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Expert:	RayAnswers
Pos. Feedback:	97.9 %
Answered:	9/21/2008

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25 years in civil, criminal, family, probate, elder issues, and administrative law

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The concrete contractor we hired did not pay one of their bills and that company placed a lien on our house demanding we pay it. We paid the contractor in full 2 1/2 months ago. Do we file a small claim against them?

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Everett, Washington

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Did you see the other part of my question as to whether the lien is even legal? We've paid the contractor in full - am I interpreting RCW 60.04.031 correctly? Here's the link

http://apps.leg.wa.gov/RCW/default.aspx?cite=60.04.031

Thanks

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OK thank you.

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Question

The concrete contractor we hired did not pay one of their bills and that company placed a lien on our house demanding we pay it. We paid the contractor in full 2 1/2 months ago. Do we file a small claim against them?

Optional Information

Answer

Reply

Everett, Washington

Answer

Reply

Did you see the other part of my question as to whether the lien is even legal? We've paid the contractor in full - am I interpreting RCW 60.04.031 correctly? Here's the link http://apps.leg.wa.gov/RCW/default.aspx?cite=60.04.031Thanks

Answer

Reply

OK thank you.

Accepted Answer

Related Legal Questions

Did you see the other part of my question as to whether the lien is even legal? We've paid the contractor in full - am I interpreting RCW 60.04.031 correctly? Here's the link

http://apps.leg.wa.gov/RCW/default.aspx?cite=60.04.031

Thanks