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I received a Notice of Claim of Lien from a contractor that…

Customer Question
I received a Notice...

I received a Notice of Claim of Lien from a contractor that did not finish contracted work and damaged my property. I've already paid this contractor over $25k. how should I proceed to contest lien and file suit for damages?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Georgia

Lawyer's Assistant: Has anything been filed or reported?

The contractor filed a Materialman's Claim of Lien. I have documentation of damages to home and concurrence from contractor to fix and replace

Submitted: 4 months ago.Category: Legal
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Answered in 4 minutes by:
1/4/2018
Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 124,393
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

You need to start by sending him a written objection to the lien and in the letter explain what work was not done and how he breached the contract and state that if he proceeds to file the lien you will be forced to file in court to vacate the lien and you will seek damages including attorney's fees for his improperly placing the lien when he was the one who was in breach of the contract and that you will be filing suit for damages from him for the costs of fixing all the negligent damage he caused to your home as well.

If he continues to pursue the lien, then you need to file a petition to vacate mechanic's lien and for breach of contract against him and pursue him for all of your damages in the court.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 4 months ago
Is the Materialman's and Mechanic's Claim of Lien from the State of Georgia that I received notification that a Lien has been put on my property or notification of intent to do so? If the latter, how long before a Lien can be placed? Should I hire a lawyer? I would like to pursue to sue for damages and other impacts of this situation.
Lawyer: Law Educator, Esq., Attorney replied 4 months ago

Thank you for your reply.

The lien can be placed immediately actually by filing it with the property records. I would indeed hire an attorney given that the contractor performed negligent work and is now causing damage to your property further by putting a lien on your deed.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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