Legal Question in Consumer Law in Ohio
Is there something similar to a Mechanic's Lien for customers in Ohio. I had a contractor that left the job before it was competed. He has caused substantial damage for what little he did "fix" and left a lot of work to be done. I know that a contractor can place a Mechanic's Lien on a property until the contract is satisfied. Can a customer do the same to a contractor until the money is returned or it has went through civil court? I just want to make sure he does not sell his house/business and skip town before I have a chance to recover the money that is lost. We are looking at a sum of about $34,000.
2 Answers from Attorneys
In short, No. The Mechanic's Lien can only be filed against the property where work or materials were furnished. There are short time limits on that as well. The circumstances you've described would require the filing of a lawsuit against the contractor. Prior to that, you can attempt to collect yourself, or have an attorney do so. But given your concerns about time and the contractor potentially leaving the area, the best course of action is to proceed with the lawsuit to include actions to secure potential assets to satisfy a recovery. I'd be happy to discuss this in more detail.
Mr. Brandabur in entirely correct in what he says above. There are some ways to secure the Plaintiff's interest in collecting prior to getting a judgment, but they usually require a combination of a likelihood of victory and a showing that the defendant is dissipating his assets.
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