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MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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My husband and I, his age is 79 and mine is 67, are in the

Customer Question

My husband and I, his age is 79 and mine is 67, are in the process of trying to sell our larger home in Richardson and downsizing. Our title company just found a Mechanic Lein against our property for $8,600 for work that was paid for in full over a year ago. This man was working on our back yard putting in stone. We paid him over $2,000 and he never finished the job. He worked on the yard for almost two years and during that time he caused our pool to be filled with dirt to the point it had to be drained & refinished. He never completed his work - leaving our back yard in a mess. We finally hired another contractor, after writing a letter to the original man, explaining what we were doing, and this new contractor finished the job in less than two weeks. We ended up paying the second man $1,000 for his work. Now, we find that without our knowledge, the original contractor has put this lein on our property. Is this considered Elderly Abuse? We trusted the first man for over two years, while he was telling us he would finish the job as soon as his "yard cutting season" was over. We feel we certainly have been taken advantage of and certainly do not want to be forced to pay him $8,600 for something he never completed. We have bank evidence of where we paid him $2,000 for the "work" that he did. Also, we have evidence of where we had to pay to get our pool repaired for the damage that was caused because the back yard was just a dirt & mud hole. Do we have any basis for feeling we were abused under the Elder Law? How should we proceed to have this Lein against our home removed?
Submitted: 8 years ago.
Category: Legal
Expert:  MShore replied 8 years ago.
Thank you for the post, what you describe is not elder abuse because the conduct was not aimed at your age, a person of any age could have been the subject of the negligence of the contractor. Your recourse in this situation is to file a suit against the contractor to have the lien removed and recoup your legal fees plus compensatory damages.