Lein for $300 job

Lein for $300 job

San Jose, CA · Member since 2018 · 76 posts · 13 votes

Hi, 

I have a recurring issue in Texas whenever I hire a plumber or handyman. This time, I sent a plumber to unclog the drain, but he left without addressing the washer area. Later, the tenant called to report that the washer area was still clogged. She had asked the plumber if she should test the washer to ensure it was unclogged, but he said it wasn't necessary. Now, when I asked him to return and fix it, he's making excuses about the washer not being installed correctly and claiming he can't run a snake through it. I told him that his job was to unclog the drain, not to make a partial attempt. Instead of resolving the issue, he’s threatening to place a lien on my property unless I pay him.

I want to understand how does this lien work and this one example, I have such few examples with handyman, plumbers etc  they always keep threatening if you don't pay us we will put lien on your property. 

My question is:

- Is it that easy to put to lien on the property?
- There should small claims court etc before going to full fledge lien
- Any suggestion, how to avoid such situations? (I normally find technician from thumbtack, google, next door). BTW most of such issue has happen to me when I have hired someone from next door. 

Thanks

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  • Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
    2y

    @Viral Patel, I'm sure the process will vary from state to state but generally when a tradesman files for a mechanics lien, I think they attach the property at that point probably with something like a lis pendens which is basically a notice that pending litigation could affect the title to the property. Then there would be a hearing scheduled for them to substantiate their claim to determine whether a mechanics lien is needed.

    One thing to keep in mind is that the tradesperson needs to invest their time and money to do this. So, is it worth risking $300 to file for the mechanics lien and then also take time off for the hearing etc with a 50% chance of being awarded $300 for the work and $300 for the court filing fees? So, I doubt anyone would bother to even try it unless the amount was more. It just wouldn't make sense. 

  • San Jose, CA · Member since 2018 · 76 posts · 13 votes
    2y
    Quote from @Kevin Sobilo:

    @Viral Patel, I'm sure the process will vary from state to state but generally when a tradesman files for a mechanics lien, I think they attach the property at that point probably with something like a lis pendens which is basically a notice that pending litigation could affect the title to the property. Then there would be a hearing scheduled for them to substantiate their claim to determine whether a mechanics lien is needed.

    One thing to keep in mind is that the tradesperson needs to invest their time and money to do this. So, is it worth risking $300 to file for the mechanics lien and then also take time off for the hearing etc with a 50% chance of being awarded $300 for the work and $300 for the court filing fees? So, I doubt anyone would bother to even try it unless the amount was more. It just wouldn't make sense. 

     Thanks a lot your reply..  I really appreciate it. I agree that they need to pay fees etc and might make money rather doing paperwork :) 

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