A Judge can hold a person in contempt of Court if the Judge Orders the party to act, or to refrain from acting a certain way. However, if the lien held by the lienholder was not yet declared invalid by the Court, then the lienholder cannot be held in Contempt because when the lienholder insisted on payment, his lien was valid because the Court had not yet invalidated his lien. The holder of a lien which has not yet been declared invalid by the Court, may demand payment and he cannot be forced to agree to place his payment in an escrow account. I am sorry you experienced this, however, until the Court declared his lien invalid, the lienolder could demand payment of his lien. and his demand would not fall within the category of Contempt. He was a lienholder and he was demanding payment of his lien, otherwise he could exercise his right to foreclose on the lien and take the property on which the lien was based. If you wanted to prevent any action being taken by the lienholder, your Attorney should have filed a Petition with the Court, asking for a Temporary Stay or a Temporary Injunction to stop the lienholder from exercising the rights given by law to a lienholder, or your Attorney could have asked the Court to force the lienholder to put up a bond, but that was not done. Therefore, the lienholder was exercising the rights given to him by law which were valid unless and until the Court invalidated these rights, or forced him to put up a bond. If an individual holds a lien which has not yet been declared invalid by the Court, he cannot be held in Contempt simply because he was exercising the rights of a lienholder given to him by law.
If the lienholder's rights to certain proceeds was questionable, then the proceeds should have been immediately placed in escrow and not given to the lienholder at all. I am sorry that the outcome was not favorable to you, but from the facts you presented, it appears that the lien would remain valid unless and until the Court found otherwise. There is nothing illegal about the actions of the lienholder.
As I stated above, if the issue was still being litigated, then your Attorney should have made a request to the Court to Order the lienholder to hold the lien in abeyance and not act upon it until final resolution of all issues involved, but since nobody made this request of the Court, the lienholder was under no legal obligation to refrain from collecting anything which the lien secured. I am sincerely ***** ***** I could not give you the Answer you were hoping for and that would have been more favorable to you, but I have an ethical obligation to you to give you only correct Answers and ones on which you can rely as being correct, so I am respectfully ***** ***** you not hold this against me,
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