#961612 - 07/27/16 11:31 AM
Advice on getting a lien.
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April Fool
Registered: 06/18/01
Posts: 15727
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To make a long story short, I built some custom kitchen cabinets for a neighbor of my Cousin. We agreed to a price 2 years ago, and I finished about 5 months later. We agreed to a price of 7k dollars, but like a dumbass I didn't have her sign a contract.
I'm thinking of taking a lien on one of her cars or condo. I have never done this before and have no clue how to follow up on this. Surely there is someone here that has done this before. I'm trying not to have to go to Small claims court. Any advice would be appreciated.
_________________________
He who joyfully marches in rank and file has already earned my contempt. He has been given a large brain by mistake, since for him the spinal cord would suffice.
- Albert Einstein.
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#961614 - 07/27/16 11:38 AM
Re: Advice on getting a lien.
[Re: Sol Duc]
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Three Time Spawner
Registered: 09/07/05
Posts: 1832
Loc: Kitsap Peninsula
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Based on your post you should talk to an attorney. I've been in the title & escrow biz for a long time & it's been my experience that people that do their own legal work screw it up. I handled my first real estate deal in '67 & still run things by my attorney.
Edited by Chuck E (07/27/16 11:40 AM)
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#961616 - 07/27/16 11:43 AM
Re: Advice on getting a lien.
[Re: Sol Duc]
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Returning Adult
Registered: 06/23/04
Posts: 419
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The simple answer you can't just "get a lien." You've waited to long to file a contractor lien, which requires you to file suit to enforce anyway. At this point, your only option is to sue her. Don't wait. The SOL on an oral contract is 3 years.
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#961620 - 07/27/16 11:49 AM
Re: Advice on getting a lien.
[Re: Sol Duc]
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Returning Adult
Registered: 12/09/03
Posts: 399
Loc: Seattle
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+1 for what WSU said. Also, small claims court is a lot easier than the very technical procedure required to get a lien, even if you could.
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#961624 - 07/27/16 11:56 AM
Re: Advice on getting a lien.
[Re: Sol Duc]
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My Area code makes me cooler than you
Registered: 01/27/15
Posts: 4566
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Get a photo of her banging the neighbor and black-male her.
Your chances of getting paid will be better than going through the legal system.
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#961629 - 07/27/16 12:08 PM
Re: Advice on getting a lien.
[Re: WDFW X 1 = 0]
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April Fool
Registered: 06/18/01
Posts: 15727
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I'm not a licensed contractor, just a hobbyist working with wood. Sounds like small claims court, she doesn't deny owing me the money, she just doesn't have the money. Her memory might change in front of the Judge though. I've offered to have her send me a hundred bucks a month, but she always has an excuse. Talk about no good deed goes unpunished. I did it for 50% less than a licensed contractor would have charged her, and she was thrilled with the final product.
_________________________
He who joyfully marches in rank and file has already earned my contempt. He has been given a large brain by mistake, since for him the spinal cord would suffice.
- Albert Einstein.
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#961631 - 07/27/16 12:12 PM
Re: Advice on getting a lien.
[Re: Sol Duc]
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Registered: 10/13/00
Posts: 9013
Loc: everett
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I'm not a licensed contractor, just a hobbyist working with wood. Sounds like small claims court, she doesn't deny owing me the money, she just doesn't have the money. Her memory might change in front of the Judge though. I've offered to have her send me a hundred bucks a month, but she always has an excuse. Talk about no good deed goes unpunished. I did it for 50% less than a licensed contractor would have charged her, and she was thrilled with the final product. of course she was thrilled, they were free.
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would the boy you were be proud of the man you are
Growing old ain't for wimps Lonnie Gane
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#961645 - 07/27/16 01:00 PM
Re: Advice on getting a lien.
[Re: Sol Duc]
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Lord of the Chums
Registered: 03/29/14
Posts: 6776
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Can't you only sue for maximum 5k in small claims? Doesn't higher have to go to civil?
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#961646 - 07/27/16 01:03 PM
Re: Advice on getting a lien.
[Re: Sol Duc]
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Returning Adult
Registered: 06/23/04
Posts: 419
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An unlicensed contractor cannot file suit, so you're screwed there too. It's also a gross misdemeanor to act as a contractor while not licensed. Look at RCW 18.27.020.
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#961648 - 07/27/16 01:06 PM
Re: Advice on getting a lien.
[Re: 5 * General Evo]
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April Fool
Registered: 06/18/01
Posts: 15727
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Can't you only sue for maximum 5k in small claims? Doesn't higher have to go to civil? Something like that, each state is different.
_________________________
He who joyfully marches in rank and file has already earned my contempt. He has been given a large brain by mistake, since for him the spinal cord would suffice.
- Albert Einstein.
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#961651 - 07/27/16 01:29 PM
Re: Advice on getting a lien.
[Re: Sol Duc]
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ReefSkunk
Unregistered
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Sounds like Sol Duc is an idiot? Shocking. There are better ways to score with the neighbor lady Suc Dic.
Maybe she didn't pay because the cabinets are shi.t? I'm sure there's more to this story.
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#961653 - 07/27/16 01:39 PM
Re: Advice on getting a lien.
[Re: Sol Duc]
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My Area code makes me cooler than you
Registered: 01/27/15
Posts: 4566
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Were you collecting unemployment benefits when you did this under the table, cash job?
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#961662 - 07/27/16 02:15 PM
Re: Advice on getting a lien.
[Re: ]
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April Fool
Registered: 06/18/01
Posts: 15727
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I'm thinkin' that getting the cost of materials out of her will be your best hope.
If you get too pushy with her she could file a complaint against you for contacting without a license. The fine for that would really put you in the hole. She bought the materials before I started, but I still had to spend another 300ish to finish.
_________________________
He who joyfully marches in rank and file has already earned my contempt. He has been given a large brain by mistake, since for him the spinal cord would suffice.
- Albert Einstein.
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#961663 - 07/27/16 02:16 PM
Re: Advice on getting a lien.
[Re: WDFW X 1 = 0]
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April Fool
Registered: 06/18/01
Posts: 15727
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Were you collecting unemployment benefits when you did this under the table, cash job? Nope, just on days off. I've never been on unemployment in my life.
_________________________
He who joyfully marches in rank and file has already earned my contempt. He has been given a large brain by mistake, since for him the spinal cord would suffice.
- Albert Einstein.
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#961666 - 07/27/16 02:29 PM
Re: Advice on getting a lien.
[Re: ]
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April Fool
Registered: 06/18/01
Posts: 15727
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There wont be a next time. If It had been any other person I would have covered my ass with a contract, but since it was my Cousin Cindy's neighbor I thought it would be a safe bet. My Cousin and Hubby just bought a new house in Clyde Hill. I still think there's a chance she will repay her debt to me, time will tell.
She was out of work for awhile with breast cancer.
Edited by Sol Duc (07/27/16 02:30 PM)
_________________________
He who joyfully marches in rank and file has already earned my contempt. He has been given a large brain by mistake, since for him the spinal cord would suffice.
- Albert Einstein.
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#961669 - 07/27/16 02:44 PM
Re: Advice on getting a lien.
[Re: ]
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April Fool
Registered: 06/18/01
Posts: 15727
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It's not that I'm not grasping it, this was just a decision I made on a fly to help her, not to make a living doing this. I have a full time job.
_________________________
He who joyfully marches in rank and file has already earned my contempt. He has been given a large brain by mistake, since for him the spinal cord would suffice.
- Albert Einstein.
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#961672 - 07/27/16 03:04 PM
Re: Advice on getting a lien.
[Re: Sol Duc]
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Returning Adult
Registered: 06/23/04
Posts: 419
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I think Hank's point is that a written contract would be just as unenforceable as your oral contract. You can't enforce either one, so what help would a written contract be?
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#961677 - 07/27/16 03:59 PM
Re: Advice on getting a lien.
[Re: Sol Duc]
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My Area code makes me cooler than you
Registered: 01/27/15
Posts: 4566
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Build a coffin. Throw this all in it. Nail the lid shut. Bury it out back.
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#961678 - 07/27/16 04:18 PM
Re: Advice on getting a lien.
[Re: ]
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April Fool
Registered: 06/18/01
Posts: 15727
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So were you helping her out...or trying to make money?
Pick one and stick with it. I'll pick this one: GFY, this is from a guy who has been screwing insurance companies for years. Your type of work is right there with transmission shops and pawn shops...congrats? And your hard on for govt workers is getting stale blah,blah,blah....sounds like you didn't have the smarts or foresight to get into those careers and now you're nothing but a bitter bondo douche bag.
_________________________
He who joyfully marches in rank and file has already earned my contempt. He has been given a large brain by mistake, since for him the spinal cord would suffice.
- Albert Einstein.
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