Work was completed and paid in full 11/22/2017. Today, 12/6/2019, I receive an email and text from the contractor telling me I owe $3500 and he will put a lien on my property. This was an insurance claim paid in full 2 years ago.
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Dec 17, 2019
Receiving a mechanics lien threat can be a scary proposition, but before deciding how to proceed, it's generally a good idea to assess the situation and craft a measured response to the claim. Levelset discusses that here: I Just Received a Notice of Intent to Lien – What Should I Do Now?
With that in mind, let's look at some relevant factors here.
Virginia's mechanics lien deadline
Virginia, like every other state, has a strict mechanics lien deadline. In order for a claimant to file a valid and enforceable Virginia mechanics lien claim, that claim must be filed within 90 days of the last day of month when work was last furnished by the claimant, but also within 90 days of the completion of the project.
If a mechanics lien is not filed within this timeframe, then the filed lien would very likely be improper. Though, note that county recorder offices will generally have neither the bandwidth nor the authority to investigate all of the claims filed with their office - so it's possible that the claimant's lien would ultimately be filed (even if that filing is ultimately improper and if the lien ends up being unenforceable).
Fraudulent mechanics liens can cause legal problems for the lien claimant
Those who file improper mechanics liens in Virginia will forfeit their lien claim. What's more, when a claimant's lien amounts to fraud (i.e. it's different from just an honest mistake), then an owner may even be able to recover damages from a claimant who's improperly filed a Virginia mechanics lien.
What's more, it looks like legislation was passed in 2013 whereby a claimant may even face a class 5 felony if they maliciously file a mechanics lien which they know to be false. More on that here: Virginia Mechanics Lien: Don’t File Fraudulent Lien.
How to fend off a Virginia mechanics lien claim
It can be hard to procedurally or otherwise officially block a lien claimant from filing a lien. Once a lien has been filed, owners have a number of issues for fighting a lien claim - but stopping one before it's even been filed can be challenging.
Of course, informing a prospective lien claimant of the flaws in their alleged claim, letting them know the potential consequences, and showing them that you'll fight the claim tooth and nail could be a good start. And, sending a demand via attorney that the lien claimant refrain from filing their lien can go a long way in that effort.
For more information on how to combat a lien claim after it's been filed: A Mechanics Lien Was Filed on My Property – What Do I Do Now?
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Oct 10, 2022
I received a letter to in wisconsin that a company will put a lien on my property if I do not pay them in full. What does this mean