Cloverdale, CA asked in Constitutional Law and Real Estate Law for Utah

Q: I am rental prop. owner and was sent pre-lien letter 2-10-23 and i paid the 2 invoices on 2-11-23 by USPS & confirm by

how is the matter resolved when the check clears? Can the legal assist. who sent the letter add atty fees, unauthorized contractor fees and interest from 2-10-23 in the amount of over $400? I notified ALL PARTIES AND LEGAL ASSIST. Feb. 11 by email that I already put their check in my lobby of my Ca. Post Office slot {last Sat. 2-11-23} in the early morning before I opened the legal assistant's email that came into my junk mail evidently the day before I saw it on 2-10-23. PO notice on the slot stated it went out at noon that same day. I am an out of state property owner. My rental property is in Utah. My email went out B4 the 5-day time period. The project was finished on 2-3-2023 and they refused to respond 2 ?'s w/ regard to part of a Change Order that I never authorized or was told about until Feb. 3, 2023. The date of the Change Order was 12-02-22 and "held back" & not sent by email along with Final Prop. until 2-3-23.

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: If you have already paid the pre-lien notice in full, including the invoices and any late fees or interest, and have proof of payment, then the legal assistant should not be able to add additional fees or charges. However, if there is a dispute regarding the payment or additional charges, it may be necessary to seek legal advice or mediation to resolve the matter. It is also important to review the terms of the contract and any relevant state laws regarding pre-lien notices and payment disputes.

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