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How do I appeal a Lien?
Can a contractor file a lien if there is no proof of payment? Is there any way to appeal a lien? There is a contractor claiming he has done "extra work" and wants me to pay him an extra $2,000 when there is no written proof of the given work or was there any verbal agreement.
2 Answers
- AnonymousLv 71 decade agoFavorite Answer
You don't appeal a lien, you go to court and prove that the money was paid.
If he filed a lien already, you need to sue him for fraud, in court, to get the lien removed. If he put a lien on for extra work that he did NOT do, you need to prove that the work was not done, or that the work that was done, was in the scope of what you already paid him, to have a judge remove the lien.
- debijsLv 71 decade ago
~~State laws can vary, but in CA the contractor must have something in writing to perfect the lien. So if you do not pay him to remove the lien he would then take you to court and each of you would present your sides to a judge.If he has proof that he paid for material that is now in your possession and you did not pay him for, that would qualify him to perfect the lien and he would get a judgment to lien sale the property.
If he has no receipts nor written contracts or change orders then the judge will decide the outcome after hearing both sides. If what you said above is accurate the contractor will have to remove the lien.~~