Legal Question in Credit and Debt Law in Utah

Fence supplier liened home because installer did not pay for materials

We had a vinyl fence installed last spring. We paid the landscaper in full,and recently received notice the vinyl company placed a lien on our home because the landscapers did not pay for the supplies.

Should we take the landscaper to small claims for the amount of the lien? We aren't sure they even have the money. We have also been told the vinyl company is going to pursue ''foreclosure of the lien'', but we aren't sure what this means.

We did not have a contract with the vinyl company, how can they place a lien on our home? And what should we do next? Thank you for your help,

Jamie


Asked on 10/08/02, 12:54 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Fence supplier liened home because installer did not pay for materials

You should probably pay the vinyl fence supplier to avoid the costs of defending the lien foreclosure. (That action is basically a forced foreclosure of your home.) The vinyl company is legally entitled to lien your home, and to collect from you, notwithstanding your agreement with the installer.

You will need to be very aggressive with the installer to collect the money from them. They should be held responsible for the cost to pay the vinyl company and any associated costs. Small claims can handle claims up to $5000. After you get a judgment you will need to collect it, which can be the hard part. Good luck

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Answered on 10/08/02, 9:18 pm


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