Does anyone know what a Mechanics Lien is?
 

a mechanic's lien is a hold on property by which a worker or vendor who provided some benefit to the property can use the property to secure payment for the benefit provided.


But what I am trying to figure out is under what condition can a contractor put one.

When you dont pay.

Okay but the guy did not have any proof of not getting paid, he claims that my freind broke a verbal contract.

We used to lien cars we towed in after 72 hours. The DMV will notify the registered owner and they have 30-45 days (depending on the value of the car) to retrieve the vehicle. This is not the same as a repo.


With no proper documentation and only a verbal contract with no reciepts or cashed checks I think it would be hard to throw a lien.

But what I don't get is the procedure a contractor has to go thru in order to put a mechanic's lien...do you have to prove anything to a judge or anything or you can just walk up and put one on anyone you are performing services for just because you think you can?

I think these liens are outlined in the UCC. You would probably have to go to court to have it removed.

A contractor can get screwed for falsely filing these liens.

General contractors can place it on a property, when they have not been paid for work they have done, or were under contract to do. :pimp

Understood but, how did this one guy get a lien when all proof that he was paid was there?

Some states have VERY liberal laws for mechanics liens, and allow them to be placed on property with very little proof of a loss, and very little penalty for the placer of the lien.

No proof is needed to file the lien. Typically, you have to go to court to dispute the lien.

Try to learn more about the law in your state. You will probably need a lawyer, eventually. You may have to threaten to countersue for damages.

Basically, when you take your car/home/whatever into a shop, and that's a loose interpretation... you are under a mechanic's lease.

If you take your car to a mechanic shop for a tune up you are under a mechanic lease until you pay for all services rendered.
If you bring a plumber to your house to fix a clogged drain, s/he puts a mechanic's lien on your property.
If you bring in a carpenter to perform work, e.g. an extention on your home, he puts a mechanic's lien on your property.
If you bring in an electrician to fix your wiring, again you get automatically levied with a mechanic's lien.

It's basically protection for the provider of services that they will get paid for their work, or if you're a dirt bag they'll get your property.