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-   -   Lien's against home owners (http://www.diychatroom.com/f2/liens-against-home-owners-185543/)

turbomangt 08-19-2013 09:47 AM

Lien's against home owners
 
I know this is not a legal forum, but would like some advice from anyone who has knowledge or experience with Lien's. Here is my story.
Last year, I was getting several quotes on having my deck cleaned and stained. While I was out of town I had one of these contractors leave me a voice mail saying they just finished the first phase of power washing my deck. I immediatley called them (they didn't pick up) and left them a voice mail saying I hope they did not come on to my property seeing I never agreed to have anyone do the work. (no contract was ever signed nor was their any verbal agreement) When I got home I found a complete mess all over my property. Residue from the power washing was all over my siding, windows, plants, pavers, flower beds, doors, I was so upset, I called the police and filed a report, and also took pictures of the damage. I called the contractor and told him I never want to see his face anywhere near my house, (I should have filed against him for the damage) I had another company come out to clean things up and they did he a fine job.
now I got a letter from the guy who came over did messed things up that he was going to put a lien against me if I didn't pay hime $500 for the work he did. I understand anyone can put a lien against a home owner even like in this case where it is unwarrented. what should I do? I know getting an attorney will cost me more than $500, however the bottom line here is what is right and wrong. Home owners should have some rights to right? otherwise I can drive down the street and do any kind of work I want to on any house, then send them a bill. this is crazy.

oh'mike 08-19-2013 10:04 AM

First off--relax.

It costs money to file a lien and for a $500 ticket I doubt if he would be bothered---

First thing that happens is this---you will receive an' intent to lien' letter by certified mail--

If you receive one--that is the time to call an attorney---

I think you ran across an idiot ---I have a real estate attorney that is a friend and customer---If this begins to look like real trouble,call me and I'll introduce you---

A letter from Tom will end this turkeys threats--at that point he will need his own lawyer----Mike----

oh'mike 08-19-2013 10:25 AM

Just reread the post---I don't think he can file a lien ---there is a thirty day window to file.

He's a lousy business man---and a wind bag.

turbomangt 08-19-2013 10:25 AM

Mike
I understand anyone can file for free at the Dupage County office, I know it would be cheaper to pay than have an attorney but it comes down to what is right.

oh'mike 08-19-2013 10:28 AM

Gary, It's not free--and the lien must be renewed every year ,for a fee---

oh'mike 08-19-2013 06:23 PM

---Note----I know this member personally ,that's why the personal treatment----sorry if the posts got confusing---we live near each other---Mike---

ddawg16 08-19-2013 07:44 PM

What he is attempting to do is extortion.

You filed a report. You have pictures.

This kind of guy needs to be stopped.

I would file a claim in small claims court.....Here in California...it's only $25.

Second....contact your local TV station. They love stories like this. Chances are you are not the only one he has tried this on.

A quick google search shows that he had 90 days....and since it's more than that....he is SOL....

Because you have a police report, you can prove the timing of the event....so anything he does to try and show a newer date is fraud....

Basically, this is no risk to you....he has nothing to stand on....but you can make his life miserable.

Just about anything he does now would most likely be criminal.....go after the dirt bag....they make the rest of the good contractors look bad.

turbomangt 08-20-2013 10:00 AM

On the advice of an attorney I'm going to file with the Illinois Attorney General's office.

ddawg16 08-20-2013 10:50 AM

Quote:

Originally Posted by turbomangt (Post 1231758)
On the advice of an attorney I'm going to file with the Illinois Attorney General's office.

Good.....very good......take the guy down.

<*(((>< 08-20-2013 12:54 PM

No contract, no proof he did the work, case closed. This guy is full of hot air and extortion. Call him up and tell him to pound sand! It wouldn't hurt to give him the police report case number regarding the damage he had done to your property, and the number to the police office in case he wants to check it out for himself.

what an idiot


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