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Perfect Image TLM
08-10-2010, 01:49 PM
Where do I go to place lien on property for non payment? The courthouse in their town?

Thanks!
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bradseabridge
08-10-2010, 01:52 PM
yup, that's what I hear anyway. But why don't you just take them to small claims court? It's basically free and you'll probably win if you have all documentation and dates and stuff.

Perfect Image TLM
08-10-2010, 02:06 PM
Well my concern is the property is gonna change hands soon.
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bradseabridge
08-10-2010, 02:07 PM
oh well that's a good idea then. Go to your courthouse and ask them if they don't they will have the information on how to do it.

MarcSmith
08-10-2010, 02:10 PM
every state is different. in Florida I had to go to t he property recording office and record the lien on the deed there. and then I took them to small claims with the lien already filed. to file the lien was only a few bucks...

Glenn Lawn Care
08-10-2010, 02:10 PM
You mighty have to ask a lawyer or yeah go to the court house and see what info they can give you.

Perfect Image TLM
08-10-2010, 02:11 PM
Let me ask this. I didn't have a contract, they wanted to see my work before we did one, my bad I know. Do I still have a case even?
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MarcSmith
08-10-2010, 02:13 PM
http://www.sos.mo.gov/ucc/generalInfo.asp

set up an account and you can do it online...


are they just not paying, ignoring you, what kind of details, how much, how long ago what kind of work......with no contract, its going to be harder. As a paper trail helps. any email correspondence saying do the work. ect... the folks at the lien depart could care less, they just push paper, and they assume that people know what they are doing when the file liens.

Verbal contract are still binding, but it comes down to he said, she said... and any paperwork bolsters your case if you need to go to Small Claims..

Perfect Image TLM
08-10-2010, 02:13 PM
Wow thanks!
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MarcSmith
08-10-2010, 02:21 PM
pretty amazing what google can do for you...

Perfect Image TLM
08-10-2010, 02:26 PM
They have an excuse of every kind since mid May. Last wednesday they said it was mailed and still no check today. Its for a trailer park with 60 units.
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Indyplower
08-10-2010, 02:28 PM
If you did work without a written agreement, in SOME states that is considered un-enforceable. Meaning you have no recourse legally.

However in some states you can go to small claims court and get a judgment in your favor. ONCE you have that, you can take the courts decision to the recorderís office (the court will usually do this, but you want it done quickly if the property is "ready to change hands") The recorderís office will take what is semi private information and record it on the property and make it "publicly recorded" and at that point you will have a recorded judgment on that property or against that person (depending on your area) and then it will either go against the persons reported credit (credit report) OR you will have a lien against the property and that would need to be satisfied by the owners of the property to transfer the ownership of the house with a "clear title"


Good luck
Mike

Perfect Image TLM
08-10-2010, 02:32 PM
If you did work without a written agreement, in SOME states that is considered un-enforceable. Meaning you have no recourse legally.

However in some states you can go to small claims court and get a judgment in your favor. ONCE you have that, you can take the courts decision to the recorderís office (the court will usually do this, but you want it done quickly if the property is "ready to change hands") The recorderís office will take what is semi private information and record it on the property and make it "publicly recorded" and at that point you will have a recorded judgment on that property or against that person (depending on your area) and then it will either go against the persons reported credit (credit report) OR you will have a lien against the property and that would need to be satisfied by the owners of the property to transfer the ownership of the house with a "clear title"


Good luck
Mike

Good info from everyone guys, much appreciated. I have excepted the fact the money isn't coming but I ain't going away without a fight! :)
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georgiagrass
08-18-2010, 02:33 AM
You might consider finding a young lawyer in your community who will agree to walk you through the process to teach you how to do it correctly for a reasonable fee. Then you can do it yourself for subsequent cases.

tdr6874
08-18-2010, 12:45 PM
no contract it will be extremely hard...because one person owns it, does not mean they are the one that "o.k.ed the work" to be done...first you need to prove who owns the land/property. 2nd you have to prove they are the person that has authority to have say that work can be done. 3rd you need to be able to show what work was completed. 4th show what the agreed upon price was. 5th that no money was ever given, not even upfront for materials....but every state is a bit different on the liens...

i have seen people get a lien on thier house from contracting supply company's....the person signs a contract with a contracter for roof work, or drywall, or landscaping...ect ect ect....they pay the contractor money to start...they complete the job and the home/property owner is happy and then pay in full. they have a reciept that is marked paid in full....they then find out months or years later that a lien was placed on thier residence/property by the supply company....the company the delivered the roofing supplies or the company that delivered the brick floated the contractor a balance....when the contractor does not pay them, they put a lien on the property to where it was delivered.....ouch

working without a contract does happen...however, most judges know that contractors know the importance of putting the work down in writting....some dont for tax reasons and such...but i have seen judges say things like..."you have been in this industry for (x-number of years) and did not spend 5 mins to put it in writting...get out of here...dismissed!"

customers pay in part, then dont like the work and then dont complete the payment....they usually win here....if a guy that does concrete work does a fence and the quailty is not top notch...not just up, but top tier quality the judges will pitch it.....after the hurcane ike here a few years back, we have a huge number of disputes with contractors of non payment, non completion, poor work, doing work they think they can do...list goes on

if there is a board loose, a patch of grass that was not sodded, a electical fitting that is off, absolutly anything, there is mud on my brick when it was landscaped, the sprinkler system sprays my sidewalk and not the lawn...they can claim i did not pay since the work has not been completed