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Tina
Tina, Lawyer
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Experience:  17 years of legal experience including real estate law.
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Material lien recorded 2007. Ask to release lien 3 months

Customer Question

Material lien recorded 2007. Ask to release lien 3 months ago but refuse. State of Nevada
Duration of lien (1 year) What should I do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

What is the contractor's stated reason for refusing to release the lien?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

He said that the person who purchased material from him used my address for material. That person was performing work but the material


he purchased thru credit was not use on my property. He doesn't care he wants paid for the material

Expert:  Tina replied 1 year ago.
I see. Thank you for clarifying the situation for me, Robert.

Since the lienholder has been informed that the lien is inappropriate, they must typically remove it or face liability for a claim of wrongful attachment or slander of title since they are making an improper encumbrance on your property at this point.

Your recourse would typically include filing suit in small claims court seeking damages for the improper attachment or retain a local attorney to draft a demand to the individual, setting out their potential liability and demanding that the lien be removed, or suit will follow against them.

If they wish to avoid a lawsuit, this should motivate them to remove the lien from your property.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.

That was what the register letter I sent them stated. I already know to see a local lawyer to do the same thing that I have done. If I proceed with small claim court would this cost me money or him?

Expert:  Tina replied 1 year ago.
Hello again, Robert.

A small claims petition does typically require that you pay a filing fee to the court. Here is a link which sets out a fee schedule for a NV small claims court. Your county may charge different fees. I would request that the fee be included as part of your damages against the lienholder.

http://www.clarkcountycourts.us/lvjc/small-claims.html#smallclaimsfees
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 32619
Experience: 17 years of legal experience including real estate law.
Tina and 6 other Real Estate Law Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

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Tina
Tina
Real Estate Lawyer
32619 Satisfied Customers
17 years of legal experience including real estate law.