@olegy – new account. Created and then immediately posting to this. Interesting.
It the lien has been filed, it will be very difficult to remove it without a payment.
Wrong. Goes to court, person filing lien has to prove that payment is owed. Part of that is the requirement that there be a contract. If lien was filed w/o any of the above, there can be a bad backlash, including potential jail time for the person filing the lien (under fraud and/or extortion). Amount may mean small-claims.
Unless you plan to sell or refinance your house that invalid lien will have absolutely zero effect on you.
True, but allowing the lien to stand also allows the person filing the lien to be able to demand interest. The length of time that the lien ‘ages’ increases the implication that the lien is valid.
And good luck bringing DA to charge them with a perjury.
You don’t only have perjury to hit the person filing the lien. If you have the demand for payment, lack or incomplete service, service that is occurring after cancellation, threats of filing a lien – you can include extortion and/or fraud.
The only known way to stop that insane process in to file a mechanic lien by yourself on the contractors home. It is illegal, but works.
If the contractor is smart, he can then use this to strike back in court. Go after license & his bond.
