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Filing a LIEN on Someone's Property

Posted on 10/7/12 at 8:11 pm
Posted by Grassy1
Member since Oct 2009
6249 posts
Posted on 10/7/12 at 8:11 pm
I have a few questions.

I delivered material to home site for a contractor about 2 weeks ago. Contractor hasn't paid me, because he said that he hasn't been paid by homeowner. No, I didn't have an agreement to wait for homeowner to pay. I specifically told the contractor that I needed to be paid immediately, which he agreed to.

I told the contractor that I would file a property lien next week if I did not receive payment. He said that I should to protect myself.

1. What's the process for doing this? Do I need to hire an attorney to do this, or simple enough?

2. Should I inform the homeowner before I do it?

3. Other issues I'm missing?

I've never done this, and don't want to, and hope I get paid in the next few days.... but, I don't feel like getting screwed by this contractor or the homeowner.

If it matters, it's in Baton Rouge.

Thanks for any info.
Posted by Franktowntiger7
Ponchatoula
Member since Dec 2010
2719 posts
Posted on 10/7/12 at 8:24 pm to
Went through this before, call the homeowner and tell him what you are about to do. Hopefully you will get paid but at least you will probably find out what the hell is up.
Posted by rmc
Truth or Consequences
Member since Sep 2004
26488 posts
Posted on 10/7/12 at 8:58 pm to
quote:

1. What's the process for doing this? Do I need to hire an attorney to do this, or simple enough?


You need to hire an attorney.

Call Craig Caster. He's in Zachary.
Posted by KG6
Member since Aug 2009
10920 posts
Posted on 10/7/12 at 9:17 pm to
(no message)
This post was edited on 11/29/12 at 3:12 pm
Posted by OTIS2
NoLA
Member since Jul 2008
50086 posts
Posted on 10/7/12 at 10:08 pm to
Hire an attorney.
Posted by fatboydave
Fat boy land
Member since Aug 2004
17979 posts
Posted on 10/8/12 at 2:07 pm to
Hire an attorney.

Posted by theOG
Member since Feb 2010
10501 posts
Posted on 10/8/12 at 3:34 pm to
zlien

check out the link above. i used to work for the law firm of the guy who owns zlien. they do fantastic work.
Posted by rmc
Truth or Consequences
Member since Sep 2004
26488 posts
Posted on 10/8/12 at 4:27 pm to
quote:

zlien

check out the link above. i used to work for the law firm of the guy who owns zlien. they do fantastic work.


Quick hi-jack: love the business concept/marketing strat.
This post was edited on 10/8/12 at 4:28 pm
Posted by frb1951
Member since Apr 2012
60 posts
Posted on 10/8/12 at 11:21 pm to
You can also call the Louisiana Licensing Board for Contractors to get free advice to help you make your decision. If I'm not mistaken, I think there is a form that you can fll out and file with the court with possibly an automatic lien being filed. Certainly, the Contractors' Board can stir you in the right direction, hopefully without having to shell out any more money at the present as I'm sure the bite has taken a chunck out of your pocket book!

Good Luck!
Posted by frb1951
Member since Apr 2012
60 posts
Posted on 10/8/12 at 11:40 pm to
The following link may be of more help:

LINK

Again, Good Luck!
Posted by Grassy1
Member since Oct 2009
6249 posts
Posted on 10/9/12 at 5:27 am to
Thanks...

Contractor offered today as a deadline. Not sure what, exactly, is going on that might change today... but we'll see.

Tomorrow I plan to visit or call the homeowner. At this point, I don't even know their name... but I know where they live. (as they're enjoying my materials that I delivered)

The zlien looks interesting. I'll check into that more.
Posted by theOG
Member since Feb 2010
10501 posts
Posted on 10/9/12 at 10:07 am to
quote:

The zlien looks interesting. I'll check into that more.


definitely do. its a very simple process and they have great customer service.
Posted by Grassy1
Member since Oct 2009
6249 posts
Posted on 10/11/12 at 7:52 pm to
Thanks for y'alls help.

Just for the followup..

Contractor texted me Tues morning saying he would have my check on Wednesday (buying himself one more day.)

Thursday morning I texted him asking him the homeowner's name. Contractor delivered a check to my office in literally less than five minutes. Unfortunately, I wasn't there to share in his anger...

Said contractor will not receive any more of my material without money up front...

Thanks again...
Posted by theOG
Member since Feb 2010
10501 posts
Posted on 10/12/12 at 4:12 pm to
glad you got your money!
Posted by SOCAL TIGER
SOCAL
Member since Jan 2005
10721 posts
Posted on 10/12/12 at 9:08 pm to
Hire an attorney or if you cannot,afford one a paralegal may help if they have knowledge in real estate.
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