How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Legalease Your Own Question

Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 14454
Experience:  13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
Type Your Real Estate Law Question Here...
Legalease is online now
A new question is answered every 9 seconds

remove the construction lien

Resolved Question:

remove the construction lien
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Legalease replied 11 months ago.

Hello there

-

I need some more information to go on than what you have here. Can you answer the following questions for me --

-

1. Was there a written contract? What for and an amount?

-

2. How many days between the last time he was at the property and when he filed the lien on the property?

-

You have to bear with me once you answer these questions and give me a half hour or so to review the law and write up an answer to give you the next steps.

-

MARY

Customer: replied 11 months ago.

1. Was there a written contract? What for and an amount?


yes, but he cancelled the contract after verbal talk over the phone. the amount of 3000 and I had made deposit 1000;


 


2. How many days between the last time he was at the property and when he filed the lien on the property?


2. he was in the property 1 days (actually 2 hrs). He has not but he sent a letter to my landlord and let my landlord know that he's going to put lien on the property. So my landlord asked me to resolve the problem or he seek legal assistance and I have to pay the fee

Expert:  Legalease replied 11 months ago.

Hello Phi -

-

This is a bit different -- I was under the impression that the lien had already been filed and work almost completed. Under these circumstances, because the work has not been substantially completed and the owner of the property (your landlord) did not sign the contract, this contractor cannot file a lien on your property and if he tries to do so the landlord could challenge him in court and be paid for any and all legal fees that he has to pay to take care of these matters because it is a frivolous and erroneous claim. What you need to do is go to your local county magistrate court immediately and ask them for the paperwork to start a small claims action against this contractor and sue him for the $1,000 that you paid to him and a cease and desist order against him from the court so that he cannot attempt to take the matter any further against the landlord or the property. If you can tell me what county you are located there in Texas I can get you the information for your local magistrates court and you can go from there (the forms may even be online to start a small claims action). You simply complete the paperwork and pay a small fee and the court will notify both parties of the hearing date and then you appear on that date and tell the magistrate what happened -- you do not need an attorney and the magistrate has the power to award up to $5,000 in damages. If you do not want to do it this way then the only other way is to hire an attorney and have the attorney send a cease and desist letter to the contractor and the attorney will most likely take the matter into magistrates court -- which is what you can do yourself.

-

-

MARY

-

-

Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. THANK YOU

Customer: replied 11 months ago.

I did file small claim court for that $1000 since May 2013, but the hearing is not set up until this Nov. 2013.


 


Now, he sent a letter to my landlord and tell not true story and he claim $1400 more otherwise he's going to put the lien on the property. The landlord told me I have to resolve the problem before they take action and I will pay the legal fee.

Expert:  Legalease replied 11 months ago.

Hello again -

-

There is nothing more that you can do except wait for the hearing and if he tries to file a lien against the property with a pending hearing set up it will not be permitted to happen. Perhaps your landlord does not understand that? The reason why he sent the letter to the landlord is to scare your landlord into putting pressure on you and the landlord is now playing right into his hands. About the only other thing that you can do at this point is to hire an attorney yourself and it will cost a few hundred dollars to have the attorney write this contractor a "cease and desist" letter which will most likely get the contractor to back off at least until the hearing (the lawyer will threaten him with license violations and anything else he can think of after looking at the contract)

-

-

MARY

Customer: replied 11 months ago.

So solution is I have to hire an attorney?

Expert:  Legalease replied 11 months ago.

Hello again

-

Unless you can get your landlord to relax and wait until the hearing date (try to explain to him that this was the quickest it could be scheduled and an attorney is not going to get anything done any sooner). Otherwise a letter from an attorney is the next step -- but even then, because you already have a small claims hearing scheduled the only thing you need the attorney for is to write a cease and desist threatening letter to try to get him to back off and that is still no guarantee that he will not stop harassing your landlord. I wish I could give you a magic quick legal solution to this but one does not exist and hiring an attorney before the hearing is probably not going to change anything -- he cannot file a lien against property that he did not have a contract with the owner of the property. Your landlord probably simply does not understand this.

-

MARY

Customer: replied 11 months ago.

so what if he doens't understand the law and still file a lien against the property?


 


If I want to send him a cease and desist what should I write to him? the thing is I don't want to waste few hundred dollars and the solution can be resolved

Expert:  Legalease replied 11 months ago.

Hello again -

-

The court in November will order him to remove any lien on the property or face fines, etc. But it is doubtful that it will even be permitted in the first place.

-

If you want to write a letter yourself you can simply tell him to cease and desist from harassing you and your landlord and that he has no right to file a lien against property when the owner did not sign a contract with him. Tell him that the magistrate hearing in November will determine whether or not anyone owes him any money or he owes you money and if he persists in calling you or your landlord you will contact the police and file a claim for harassment. (I cannot write the letter for you because that is against the terms of service here and I could be dismissed if I did -- the website is for educational purposes only and not actual legal representation so I can just offer you suggestions of what to put in the letter). Once you send the letter if you hear from the landlord again or he contacts you again, then contact the police and file a complaint -- at the very least the police should contact him and tell him to cease contact because the matter has been signed up for a magistrate hearing in November (the police will most likely be helpful when they see that you have signed it up for a hearing and this contractor simply refuses to wait for the legal process to happen and wants to harass you for money that you do not owe him -- you never know, you might find out that this contractor has had run-ins with the police in the past -- many of them do).

-

MARY

Customer: replied 11 months ago.

You said should file magistrate court but actually in the past I did file case at small claim court (it means civil court) so if on the hearing date should I ask the judge to order to stop him file the lien on the property?

Expert:  Legalease replied 11 months ago.

Hello there

-

Magistrates court and small claims court are the same in Texas. You did it correctly. When you go to court you should ask for an order forbidding him from filing a lien as well as for a refund of your money; If he did nothing then you should be able to get at least some of your money back.

-

MARY

-

Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am paid NOTHING unless you press a positive rating below. THANK YOU

Customer: replied 11 months ago.

"When you go to court you should ask for an order forbidding him from filing a lien as well as for a refund of your money"


You mean at the hearing that will happen in November? or at the time I file small claim court? I did file small claim court and just ask for the money

Expert:  Legalease replied 11 months ago.

Hello again

-

THat's fine because in order to file a small claim you must make a money demand. When you get to court ask for both the money and the order regarding the lien.

-

MARY

Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 14454
Experience: 13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
Legalease and 7 other Real Estate Law Specialists are ready to help you
Customer: replied 11 months ago.

Ok, thank you for your answer.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.