Legal Question in Credit and Debt Law in Georgia
I never signed contract for roofer. Paid 1/3 of the cost of the roof/labor. Unable to pay balance. Work was done in December 2014 in Georgia. He wants to sue. Can he file lien or get judgment?
2 Answers from Attorneys
Of course he can sue you. And when you lose, as you will, he can garnishee your wages and bank account and the judgment will be a lien on your house. The fact he sued will also trash your credit for 7 years and make you pay more for future loans, credit cards and even your car insurance and home insurance. Pay him before he sues.
I agree with Attorney Ashman. Can the roofer get a judgment or file a lien? He cn file a mechanics' lien if he meets the qualifications but if not, he can still sue under ordinary contract law. It does not matter that you nver signed a written contract (this was stupid on your part - you always should have a written contract). The reason is that you have part performance here - you partly paid and the roofer did the work. If he can establish that work was done and what it cost, then you are going to be found liable. And once that happens, the roofer can garnish your wages, seize any assets owned free and clear and levy your bank account as noted. Judgments last forever and can be renewed after 7 years for enforcement purposes so even if a judgment falls off your credit, it can still be enforced.
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