My contractor in NYC placed a lien on my co-op. I promptly paid and now he won't file a satisfaction of lien and remove it.

Asked over 1 year ago - New York, NY

What can I do to either get my money back or get him to remove this lien. I actually do not think he is licensed by the DCA any more.

Attorney answers (3)

  1. Vincent Thomas Pallaci

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . You can file a lawsuit to have the lien discharged.

    You can also try filing a complaint with DCA. If he has a license, they will likely be able to help you get a quick resolution.

    (PS - You should never pay a lienor for a mechanic's lien without simultaneously receiving a lien satisfaction so that you can avoid these types of situations)

    The information provided herein is for informational purposes only and does not constitute legal advice. No... more
  2. Hayley R. Greenberg

    Contributor Level 16

    Answered . I am sorry to hear about your situation.

    You should contact an attorney to discuss your questions as additional information would be helpful. You could try sending him a letter stating you'll sue him if he doesn't remove it.

    I wish you the best of luck.

    Please remember that I do not normally monitor these questions after I have posted a reply.

    Free phone consultation Monday — Thursday 1-5 pm.

    Hayley Greenberg

    Greenberg & Merola, LLP, Attorneys at Law
    91 N. Franklin Street, Suite 211, Hempstead, NY 11550, (516) 887-1975

    521 5th Ave. Ste. 1700, New York, NY 10175, (212) 593-6111

    Additional Offices: Queens & Brooklyn

  3. Cheryl Rivera Smith

    Contributor Level 20

    Answered . You could file suit against him and he may be liable for excess damages under the Fair Debt Collection Act.

Related Topics

Mechanic's lien

A mechanic's lien is given when someone repairs or improves property, but doesn't get paid for it. These liens prevent the easy sale of that property.

Lien

A lien gives a creditor certain rights to a debtor's property in order to ensure payment of a debt. Liens can be either voluntary or involuntary.

Howard Robert Roitman

Medicare Liens

Federal law generally prohibits Medicare from paying for any item or service where payment can reasonably be expected from another "primary" source within 120 days.

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