First, I'm surely going to accept your answer. By the way, who'd you clerk for?
If I may continue (for potential bonus), what if he has no valid claim to the money? I assume there's always at least some debatability on that point, which would mean he can, unfortunately for me, probably place the lien, even without any plans to enforce it, right?
Or do I have an argument here? I.e., "he doesn't have a valid claim to the money, as I can demonstrate by showing he did a terrible job the first time around -- which, along with some other factors -- means his claim wasn't 'valid'? So when he placed an invalid lien, without plans to enforce it, he was just abusing process." Any good?
If that's an argument at all, is that my only one? I.d., do I have any other possible way to go about this? Do you think I'm probably out of luck?
Or, might a different argument work -- i.e.: "He had no reason whatsoever to believe the property would be sold ever, let alone soon, so he didn't file the lien anticipating full payment from a sale. Rather, he did it just to harrass me -- which is abuse of process."
Also, will a small claims court judge understand all this? Is this basic law around here? I'm inclined to assume a judge there doesn't know squat, like the one I encountered a while back in traffic court. Then again, I guess he (or she) doesn't have to give us a ruling on the spot, so he could go back and look it all up (if he has the energy).
By the way, if I punch "Accept," can I keep this dialogue going, or will I lose you forever (like my beloved childhood dog)?