A painter is frauduently claiming we owe him money and placed a mechanic's lien against our property.

Asked about 2 years ago - Jeffersonville, IN

We did not have a contract with him and paid in full the verbalized amount. He did a terrible job and he requested more money to fix what we asked for so we declined and fixed them ourselves. We did have a contractor for our new contruction that has said will act as witnesses to prove the amount. We have nothing in writing as a matter of fact-quote, invoices on materials, etc but we do have all our checks used to pay. So far he has not filed to foreclose on the lien but what can we do to defend ourselves and end this quickly?

Attorney answers (1)

  1. Robert Pecco Baker

    Contributor Level 13

    Answered . It is a bit confusing, but one thing is clear--unless you want to sell your home, there is no need to do anything. Do not be stampeded. Do not feel any necessity to "end this quickly" The sub is trying to spook you with this lien. Ignore it. force him to hire an attorney and file suit to foreclose the lien. If he has no case, he may not be willing to do that, and might not be able to find a lawyer to help him. In the meantime research this guy. Find out if he is licensed. I assume that in IN there is a requirement that he must be or he may not record a lien or file suit. If he does file suit and is licensed, then you are going to have to hire an atty. But there is no point rushing into that.

    Now, your contract is with the general contractor and what you seem to be missing is that the GC is responsible for the work of the subs. HE is also generally responsible to keep your home lien free by paying his subs what is due to them. So, you need to tell your GC to read the sub the riot act and get rid of the lien or you are going to withhold from the amount due to him enough to cover the lien plus interest and attorneys fees.

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