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  #31  
Old 09-10-2010, 10:13 PM
Will P.C. Will P.C. is offline
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In Georgia you can file one if you are contractor who provides 'labor' that improves real estate.

Im not sure where Lush Lawns lives, but it could be different



This next part is copied and pasted from LexisNexis. This is what lawyers use to research case work and study the law. It is not available to the public at this time. This is from Georgias Code O.C.G.A. § 44-14-361.5

(a) The following persons shall each have a special lien on the real estate, factories, railroads, or other property for which they furnish labor, services, or materials:

If you do not have a contract, a few hoops must be jumped through, but you still can file one

To make good the liens specified in paragraphs (1), (2), and (6) through (9) of subsection (a) of Code Section 44-14-361, any person having a right to a lien who does not have privity of contract with the contractor and is providing labor, services, or materials for the improvement of property shall, within 30 days from the filing of the Notice of Commencement or 30 days following the first delivery of labor, services, or materials to the property, whichever is later, give a written Notice to Contractor as set out in subsection (c) of this Code section to the owner or the agent of the owner and to the contractor for a project on which there has been filed with the clerk of the superior court a Notice of Commencement setting forth therein the information required in subsection (b) of this Code section.

From a legal standpoint, I am a 100 percent right

Last edited by Will P.C.; 09-10-2010 at 10:18 PM.
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  #32  
Old 09-10-2010, 10:29 PM
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LushGreenLawn LushGreenLawn is offline
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Quote:
Originally Posted by cgaengineer View Post
Its not a custom form, it was typed up and provided to us in completion by our company attorney. I'd be glad to provide you with his name and number so you can tell him that the 8 years of school he attended they failed to teach him the law. I'm not trying to argue with you, but around here a lien can be placed on property for a service that is unpaid. I have taken 3 to the courthouse in the last 2 years and we had them filed, one paid and the others filed bankruptcy.
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I can't do any more than post the facts. The facts are the facts. My excerpt was from the most current edition of Wests Encyclopedia of American Law. Its the exact same excerpt a judge would look at.

Yes, they were placed at the courthouse because they were not challenged. Had the homeowner filed a civil suit against you for filing a false lien, they would have won. That was my whole point to begin with. I can file a lien against your house Monday morning if I wanted to, but it does not make it legal for me to do so.
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  #33  
Old 09-10-2010, 10:34 PM
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cgaengineer cgaengineer is offline
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Quote:
Originally Posted by LushGreenLawn View Post
I can't do any more than post the facts. The facts are the facts. My excerpt was from the most current edition of Wests Encyclopedia of American Law. Its the exact same excerpt a judge would look at.

Yes, they were placed at the courthouse because they were not challenged. Had the homeowner filed a civil suit against you for filing a false lien, they would have won. That was my whole point to begin with. I can file a lien against your house Monday morning if I wanted to, but it does not make it legal for me to do so.
So my attorney was wrong? All 8 years of college for nothing, damn shame.
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  #34  
Old 09-10-2010, 10:35 PM
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Georgia Lawn Works LLC Georgia Lawn Works LLC is offline
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Originally Posted by LushGreenLawn View Post
This is false. Civil Matters and Criminal Matters are two completely different courts.
I should have worded that differently.


For documentation purposes it would be beneficial to have a police report to give to the court for the incident in question
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  #35  
Old 09-10-2010, 10:43 PM
Will P.C. Will P.C. is offline
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Quote:
Originally Posted by LushGreenLawn View Post
I can't do any more than post the facts. The facts are the facts. My excerpt was from the most current edition of Wests Encyclopedia of American Law. Its the exact same excerpt a judge would look at.

Yes, they were placed at the courthouse because they were not challenged. Had the homeowner filed a civil suit against you for filing a false lien, they would have won. That was my whole point to begin with. I can file a lien against your house Monday morning if I wanted to, but it does not make it legal for me to do so.

I do not understand where you pulling 'false lien' from when I just posted the Georgia Code.
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  #36  
Old 09-10-2010, 11:09 PM
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cgaengineer cgaengineer is offline
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Our attorney drafted the lien, I filed it. And can assure you that if it wasn't legal to file that the large corporation we filed against would have sued, they didn't. They paid.
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  #37  
Old 09-11-2010, 12:01 AM
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the ace the ace is offline
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Write it off. Now for step #2, take one water balloon and fill generously with round-up.....Nagasaki for grass blades! Repeat until the customer does this
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  #38  
Old 09-11-2010, 01:21 AM
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calvinslawnservices calvinslawnservices is offline
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Write it off. Now for step #2, take one water balloon and fill generously with round-up.....Nagasaki for grass blades! Repeat until the customer does this
Lol, That sounds like the best plan of action. I am on the fence of taking him to court, it wouldn't really effect my schedule to much, since I am in school most of the day. Who needs school anyways, :hammerhead.

I am mostly worried about taking him to court paying all the addition fees and him still not paying, like some of you were saying they filed for bankruptcy or they just don't pay. So he wins again I just spend more money. It would be another $50 to file and everything.
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  #39  
Old 09-11-2010, 05:41 AM
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LushGreenLawn LushGreenLawn is offline
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Quote:
Originally Posted by Will P.C. View Post
I do not understand where you pulling 'false lien' from when I just posted the Georgia Code.
Re-read your post, it specifically says "for the improvement of property" in the code that you posted.
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  #40  
Old 09-11-2010, 05:45 AM
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LushGreenLawn LushGreenLawn is offline
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Originally Posted by cgaengineer View Post
Our attorney drafted the lien, I filed it. And can assure you that if it wasn't legal to file that the large corporation we filed against would have sued, they didn't. They paid.
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What type of work had you done for them? I'm really not against you CA, im just curious. Its just that I am really familiar with this law, and and the law is pretty universal, written the same almost verbatim in all the states.
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