Herbie | 10-31-2007 | comment profile send pm notify |
Would it be benificial to lein jobs that I pumped since i never got paid to pump them, but the company i was working for got paid? i know it cost money to do that but im not sure how to do it. Or is there a way to lein against the company that didnt pay me? IM trying to do it the right way but looks like a lein is coming |
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Todd | 10-31-2007 | reply profile send pm notify |
What state are you in? |
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JerryD | 10-31-2007 | reply profile send pm notify |
You'd be crazy not to put a lien on the job or jobs. I've put more liens on jobs than I can count. In Michigan you have to send the owner a Notice of Furnishing, before a lien is placed. Just sending a copy of this, certified mail, gets most GC's off the dime. I've had them tell me if I placed a lien that they would never use me again etc etc. I always came back with something to the effect that if you don't pay me why would I want to work for you. I always figured it doesn't matter if the contractor I'm working for got paid or not, it's not my problem. Most contractors are very demanding when it comes to service & most of them want some kind of concession on price. If they haven't paid you it's your turn to do some complaining. |
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the begining | 10-31-2007 | reply profile send pm notify |
don't know what state you are in, but here we either goes to small claims court which is good for up to $10,000.00 and you are in court usually within 30 days or we go to the district attorney in which the job was done and do a "theft of service" complaint. depending on the amoutn owed you only have so long to press charges. best thing to do is call your local D.A. office and talk to him. Now handcuffs have a way of waking people up |
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Mudslinger | 10-31-2007 | reply profile send pm notify |
In Calif. file a simple pre-lien ( it informs the customer that you "intend" to file a lien to get paid)and it usually gets their attention!! When you file a lien,the contractors draw check is in your name also,meaning he can't cash it without your signature or release. Now what I've given you is simplified,as the rules change almost daily. |
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Herbie | 10-31-2007 | reply profile send pm notify |
More pain in the butt thats all this is. Why cant people simple pay the debts they owe. Its not like im trying to get something i didnt earn. When its not their money on the line no one seems to care, hopefully the threat of doing this will motivate the owner of the pump company instead of leins going against his customers. That would be ugly to explain for him. |
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Bob | 10-31-2007 | reply profile send pm notify |
The bottom line is that the law is different state to state. Ask your lawyer or CPA. |
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eugene | 10-31-2007 | reply profile send pm notify |
when a customer lips off to me i promptly file a lien, i do not give notice as per the rules because they know its an issue. now i can send a registered letter giving then the thirty day notice of labor claim on their bond, yea they think that two hundred bucks is better that a permanate complaint on their record. a lien is only good for 120 days and cost twenty bucks and you have to go to court so give them three days notice of payment and just go to court, yea you will lose a customer but call your competion and tell them that they are coming. |
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JerryD | 11-01-2007 | reply profile send pm notify |
In Michigan if a contractor has been paid & he doesn't paid his supplier(s). It's called conversion. He's converted your goods and or services into cash and has stolen the cash. It's a felony and could do time. |
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Herbie | 11-02-2007 | reply profile send pm notify |
will i have to go somewhere with the proof that I wasnt paid, or just file it somewhere over the internet, im a bit clueless on the procedure |