Mechanics Lien
I fired a painter working for me on a house remodel a week or so ago. I accessed the work to be about 80% complete and paid him 80% of our original contract. I just recieved a Notice of Intention to File a Mechanic's Lien in the mail for the full amount of the contract . The notice arrived regular mail directly from the painter and looks like he just printed it up on his computer. It is not signed or dated. Anyone have experience with this situation? Does it sound legitimate or like he is just messing with me? I appreciate your response. 
painter will have to produce a copy of signed contract from you. If I were you, go to the board of contractors in your area and find their complaint form. Send your painter a copy and state that you intend to file a complaint against their license. Trust me, they wil rethink filing a lien. But mechanics liens are serious. You can take that painter to court.But I would challenge that painter with a threat of your own
In most states this is handled at the Clerk of Superior Court in the county in which the work was done.
Check with them to find out the requirement, from there you can make your decision including hiring your own attorney (probably not needed though) to fully understand your options.
I dont know of many places where painters require a license (other than a business / tax license) however you should report them to the BBB.
You may also find that since he failed to finish the job as prescribed in the contract you may have recourse against him as well.
Good luck.
(this post will be here for a few days because it is of interest to rehabbers, however it will be moved to its proper forum - Legal)
NC_Yank
[ Edited by NC_Yank on Date 10/14/2003 ]
Mechanics Lien statutes are very complex, owing to the seesaw actions competing lobbies accomplish in the legislature. Chances are your guy hasn't complied well enough to make use of the law ... but you might not have either.
Get a good attorney who practices in the area and make sure you're protected and the painter is prevented from being able to collect more than he's owed through legal blackmail.
Best to settle this when settling & paying the contractor.
The C is always in need of money, and in my experience, is normally trying to pay last month's bills with next month's income.
Since he is so motivated, at the time you're paying him, get a complete release of ALL his claims against you & your property, and a written agreement that he will not be filing any MLs against the property.
And you need to check to see that no ML has already been filed BEFORE you pay him.
Trying to settle with C or already filed ML, later. is not nearly as effective as simultaneously with your handing him the money.
Mechanic Lien Law is highly specialized and varies from state to state. The lien must be perfected which means that you have to have had a contract ,been put on notice, the lien must be properly filed at the Recorders office, and the contractor- if he's supposed to be licensed -must have a valid license.
Until you get an offical notice that a mechanic's lien has been filed--don't waste your time doing anything. Its probably just a bluff. At that time you will have the opportunity to defend yourself.
It's important to accept the Certified letter( which I don't think will ever arrive). I say that because in most states if the postal service makes 2/3 attempts to deliver the letter and you don't take action to receive/retreve it-it's considered to be constructive receipt (as it you had received it). Some people think that they can use the, "I didn't receive the letter" as a defense. It generally doesn't work.