San Diego Housing Market News and Analysis
OT: Mechanics lien
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Submitted by treehugger on August 1, 2013 - 1:42pm
So we finished our pool in February. Pool builder was responsible for pool care for 30 days. Pool builder brought in pool service company, which he paid for first 30 days.
Pool service company keeps coming. My husband decides ok, we probably need pool service, so sure. Kid comes to our house we know his first name. My husband talks to his boss, we know his first name. We know name of pool service company, but no business license #, last names, or physical street address.
Kid comes for a while on Thursday, we are never home, we request they come on Sat, they say not possible. We say no thank you we won't do business.
We know they came for maybe 2-3 months (never received a bill, nor do we have a contract). 2 weeks ago Thursday, I happen to be home. Am out front pulling in trash cans and see kid come out of my back yard. I am surprised and ask him what he is doing. He says he comes every week. I say, but what about the dogs. He says, no problem they are fine. I say well how do you get in, I lock the gate? He says, well I don't go in if the gate is locked, it is open today I already checked. Then I went off on him about how bad the pool looked and I have a 1/2 inch thick crusty white layer and if they have been coming they have been doing a crappy job and I had no idea they were coming and I have been interviewing pool company's and was being told I may need to drain the pool 'cause it had not been maintained.
This kid calls his boss and tells him I yelled at him. Boss call my husband, who says why are you there? We didn't even know you are still coming? Never received a bill. Boss says he sent 2 bills both were "returned to sender".
Now crazy boss is chest thumping and screaming when we try to call him. We decide to no longer answer his calls. He starts threatenting to put a mechanics lien against our property. I had never heard of mechanics lien. We contacted pool builder and requested he help out as we have never seen a bill nor do we have an address for service comp. Could pool builder get bill and address so we can get this guy to leave us alone. $550 and a po box. Fine, we think we will just pay and make this creep go away. Before we can pay he continues to call leaving voicemails and texts and within days sends a text informing us he put a mechanics lien against us and we should "enjoy."
We stop any plan to pay and I called the mortgage company. Anybody heard of this or know anything about a mechanics lien? Is this legal? I have never seen a bill? This guy is crazy and was seriously freaking me, I called cops, but they said there was nothing they could do unless he threatened us physically. We would love to go to court just so we could play the voicemails he has left.
Hoping folks on this site might have some insight or advice? We don't even know how to check to see if he did place a lien or if we will be notified? I did a bunch of on-line research, but seems like any dumbass can file a lien. It takes effort to "perfect" the lien or to make the lien go away.
Any advice or insight would be appreciated.
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