When a lien is placed, can the homeowner contest it in court?
1 reply
Nov 14, 2019
Yes. When a mechanics lien is filed, an owner can absolutely contest the validity of the lien in court. In fact, § 34-35-074 of Alaska's mechanics lien statute specifically allows an owner to file civil action against a lien claimant who's violated Alaska's mechanics lien requirements.
Note, though, that some courts may be lenient on a claimant who's claim only has minor errors due to honest mistakes. But, they tend to be harsher where the claim is outright fraudulent or excessive. But, ultimately, it's entirely possible that seemingly small issues could invalidate a lien claim in its entirety.
Finally, this resource should be helpful if a mechanics lien has been filed on your property: A Mechanics Lien Was Filed on My Property – What Do I Do Now?