A sub-contractor worked on our property for 1 day per a contract with the general. However, the sub-contractor didn't do a good job and was kicked off the project by the general and apparently wasn't paid by the general. A couple weeks later the sub-contractor claimed a lien on our property for $1500, when he invoiced us for $528 and put the wrong time period for the claim of lien pertaining to when he worked. Now, the sub-contractor is suing us for the $528 in small claims court. We have filed a complaint to the State Agency overseeing Businesses about the fraudulent claim of lien.
You need to respond timely to the assertion of the claim. If you do not, the court will usually enter a default, and your ability to litigate the underlying claims will be lost.
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Typically you would sue as a third party beneficiary of the contract between your contractor and sub-contractor. Since the amount in controversy is very low, you would most likely need to file in small claims court - where you and the sub contractor would appear without counsel or attorneys.
Matthew Johnson is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC
You need a lawyer to review the lien and respond. Failing to file the appropriate legal responses and defenses could waive some if not all of your rights and could lead to a foreclosure of your property. Time is of the essence.
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