Legal Question in Credit and Debt Law in Pennsylvania

Recovering moneys not paid by builder

A builder in Pa. purchased products (technical adhesives) from our company in Mass and paid with a credit card. Our first order cleared with his card the 2 subsequent purchases we could not bill against his card after expidited shipping. Total is roughly 1300.00. Should we hire a local attorney in PA to bring this to small claims court, or could we hire a local attorney to put a lien against his current building lot where the material was used. Which is a 3.5 million dollar house presently being sold.

Have tried to contact by phone,fax and certified mail. He is unresponsive.


Asked on 9/27/07, 3:56 pm

2 Answers from Attorneys
Greg Artim Law Office of Karen L. Myers, P.C.

Re: Recovering moneys not paid by builder

I would recommend that you file the Mechanic's Lien. That has more teeth to it than a small claims lawsuit, and I would say that you have a much better chance of making a recovery. A Mechanic's Lien is a pretty simple process, its merely a matter of filing some documentation.

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Answered on 9/27/07, 4:10 pm
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Recovering moneys not paid by builder

Frankly, either alternative is theoreticaly acceptable. From a practical point of view, it may be better to place a prejudgment lien against the builder's property in the Commonwealth pursuant to Massachusetts Rule of Civil Procedure 4.1( or possibly M.G.L Chapter 254, Section 2, depending on the specific facts). Please feel free to contact my office direct for a free initial consult based on the facts of your specific situation.

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Answered on 9/28/07, 9:35 am


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