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Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 5733
Experience:  20 years professional experience
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Hired someone to lay cement and do some landscaping, gave 60%

Customer Question

Hired someone to lay cement and do some landscaping, gave 60% down for material. Signed contract , cement down, but been waiting 3 weeks for landscaping. So far a no show, keep getting responses of we'll be there on Monday, but still no show. Now cement vendor has demanded payment, of which I did not order. I refer them to Mike, the person who I signed the contract with. They say they will put a lien on my house, because they delivered the cement to my address, even though I didn't order or sign for it. Should I fight the lien or pay the cement vendor and go to small claims court to get a full refund from Mike.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Maverick replied 5 months ago.
Welcome to Just Answer (“JA”)! My name is Maverick. Please note that: (A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; (B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and (C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours. Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms. Answer will follow in the pane below as per above parameters….
Expert:  Maverick replied 5 months ago.
You would be better off paying the vendor and going after Mike on a civil conversion claim. If not, the vendor files a document called a "claim of mechanic's lien" at the county recorder's office. He then has a period of time between 60 days and six months in which to either work out the payment problem or file an action against you to enforce the lien which may ultimately lead to the property being sold at auction. Here is the civil conversion claim in CA terms.
Expert:  Maverick replied 5 months ago.
Here is the small claims information that might help for the claim I listed above. Here is place to file a complaint against the contractor.

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