Q: How to fight a fraudulent lien from a contractor
We filed against our contractors bond because he abandoned the job and his worked caused an injury and is faulty. He has subsequently filed a bogus mechanics lien and not followed the law for filing it.
A:
In California, if you're facing a fraudulent mechanic's lien filed by a contractor, there are specific steps you can take to fight it. First, it's important to gather all relevant documentation, including any contracts, correspondence, and evidence of the work performed (or not performed) and the injury caused. This documentation will be crucial in challenging the lien's validity.
Next, consider sending a written demand to the contractor for the release of the lien, citing any specific discrepancies or legal requirements they failed to meet when filing the lien. California law requires certain procedural steps for a mechanic's lien to be valid, such as proper notice to the property owner and timely filing. If these were not followed, the lien could be considered invalid.
If the contractor does not voluntarily release the lien, you may need to file a petition with the court to have it removed. This is known as an action to release a mechanic's lien. You may also explore filing a complaint with the California State Licensing Board if the contractor's actions violate state licensing requirements. Seeking legal advice to navigate these steps can be beneficial in ensuring the lien is successfully contested and removed.
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