Legal Question in Construction Law in California
Plumber Threatens Mechanic's Lien
Can a plumbing company file a mechanic's lien after the property has changed hands? Can it file a mechanic's lien after 5-1/2 years?
Background: I opened a letter before realilzing is was addressed to the previous owner. A plumbing firm was threatening to file a mechanic's lien for an unpaid bill. They sent a copy of a ''Claim of Lien'' listing the previous owner as the person who employed them, and me as the owner. I phoned, and they told me that even though the service was to the previous owner 5-1/2 years ago, before I bought the house, since the service ''improved the property'' the debt went with the property and they expected me to pay it.
3 Answers from Attorneys
Re: Plumber Threatens Mechanic's Lien
People in hell want ice water, but they doesn't mean the are going to get it. This clown is blowing smoke and I agree with the comments of my other colleagues that the plumber cannot collect.
I would file complaints with the Better Business Bureau and the Contractors State License Board. This is just plain abusive.
Re: Plumber Threatens Mechanic's Lien
How amusing! This contractor probably had 90 days to record his lien in the county recorders office, and another 90 days to foreclose. Thereafter, the lien is void.
Threatening you with the lien 5.5 years after the work was done, however, is a fraudulent practice that exposes the contractor to liability.
If this contractor pesters you any more, feel free to call me.
Re: Plumber Threatens Mechanic's Lien
tell them to go to bloody h***. They have no grounds to sue you and certainly none to place a lien on your property; their claim is barred by statute of limitations among other things. If they do, they expose themselves to a lawsuit for outrageous misuse of the legal system. If it happens, contact me to discuss your rights and remedies.
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