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Joined: Nov 2005
Posts: 43
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Joined: Nov 2005
Posts: 43 |
I've read a lot of threads regarding non payment of services rendered.
I propose a question, isn't it within the law for you to place a mechanics lien (not just for mechanics) until paid or better yet can you not have a constable meet you at the customers property so that you can retrieve your install?
We had a locksmith show up at a firm I worked for stating he had a legal right to place a lien against the property unless he was paid for the locks he installed several months prior.
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Joined: Aug 2005
Posts: 6,692
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Member
Joined: Aug 2005
Posts: 6,692 |
Mechanic's and Materialmen's Liens Laws vary GREATLY from state to state. Just to let you know what kind of trouble you can get into, a group of investors I deal with have currently purchased the rights from property owners to sue lienholders in about 100 cases. Be sure you seek competent counsel prior to clouding property titles.
In Texas for example, if you wrongfully place a lien against a piece of property, EACH injured party may sue you for the GREATER of actual damages, or $10,000 a piece, plus legal fees and punitive damages :read:
Please, get your advise from a lawyer, not a tech board.
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Joined: Mar 2001
Posts: 3,268
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Joined: Mar 2001
Posts: 3,268 |
We are in the process of putting a mechanics lien on one of our customers buiildings--going through a law firm to do that. One of the things we found out was the time limit. In our state--it's 120 days from the last day of work at the location (from what the lawyer said). Sometimes--people keep putting you off, because of that time limit---Smart, huh?
Also, the lawyers have to make sure who really owns the building.
As MacGuyver said---this is a job for a lawyer.
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Joined: Jun 2001
Posts: 10,949
Moderator-Avaya
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Moderator-Avaya
Joined: Jun 2001
Posts: 10,949 |
Would definitely consult with a lawyer before doing anything.
Avaya SMB Authorized Business Partner. ACIS/APSS ESI Certified Reseller/Installer www.regal-comm.com
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