# lien againt the home by Waste Disposal Company?



## woodman300 (Oct 27, 2012)

can the waste company that provides the dumpster put a lien on my home when it is the contractor who hires them. the contractor ordered the dumpster and then, according to the waste company, refused or neglected to pay for the overweight fee. the company is threatening to put a lien on the house.


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## oh'mike (Sep 18, 2009)

Yes, I believe so-----Subcontractors can lien a house if not paid by a contractor working on that house.

Wise home owners request lien wavers from the contractor .signed off by all subs.

Really wise homeowners use a title company to handle all payouts---and get insurance from the title company to cover and clear any liens from subs----


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## GBrackins (Apr 26, 2012)

in most areas the answer to your question would be yes as oh'mike stated. the company rendered service at your property under the direction of your agent (the builder).


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## user1007 (Sep 23, 2009)

As I remember, and it has been awhile, California finally got so fed up with this stuff it ordered that essentially all contractors lien the property being worked on automatically and before beginning any work. They simply release the liens when paid. Homeowners revolted and basically said they could be screwed by the shifty contractors or subcontractors too and refused to be stuck holding the whole bag so California has a strong homestead law. Contractors can do nothing to exercise value in the liens on homesteaded property until it needs to change title. 

I went to some very "festive" closings. 

All that said, usually disputes like described in other places arise when people do not work with licensed and bonded contractors and their matching licensed and bonded sub-contractors. Contracts, spelling out remedies and actions to get paid should be part of written contracts for work over a certain dollar amount. In this state, the dollar amount has dropped as more and more disputes over "he shaid/she said" oral contracts and payment issues started clogging the courts. I think anything over $1,000 is supposed to be in writing here now.

I am out of the business directly but do bids and contracts for friends. All work for any of them comes with a written contract. Hint, hint, hint. 

Sadly, if a contractor screws a sub, or you screw a contractor, the only way to ever get paid is to lean your house. In most places I have lived but California, liens are collection mechanisms. It is a crying shame any contractor would put his client at risk. Welcome to the real world I guess. 

These are some of the reasons you have an attorney when closing on property, even in a title company closing state, like California.

Meanwhile, this homeowner is now stuck dealing with disputes about who pays for trash/demo removal and with a lien against their house. Sinful. The company not being paid may not be as nasty and mean as the homeowner thinks they must be? They just want to be paid and want to secure the debt, with a lien, if it doesn't look promising.


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## gregzoll (Dec 25, 2006)

Look up "Mechanics Lien".


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## user1007 (Sep 23, 2009)

gregzoll said:


> Look up "Mechanics Lien".


And do take this all seriously. A mechanics lien does not expire in most instances and needs to be cleared when you close sale on the house. So far they are not interest or penalty accruing unless a court orders them to gain such. But you really do not want to sit down at a closing, expecting a check perhaps for a new and different home, to find chunks are going to be subtracted to clear liens?

And don't be mad at me, your buyer, because my attorney found all the problems in your title documents including liens. I should take on this dumpster dispute of 2012 in 2018 when you sell your place to me? All I want is clean and clear title. The problems with liens is they really stick. You may forget about them and even give your house to kids or your 4,000 LOL cats. 

Suit the fricking bastard that put you in this situation? And he/she should not have. Find a place that makes crosses, crescents and stars of David to which people get nailed. 

Or, turn really understandably angry and purple skinned, eyes bulging furious! Stomp your feet and then bite the bullet and pay the bill. I know on principle it is not your debt but how much is the bill? Less than legal fees or for that matter your time and filing fees? 

You don't ever want lingering liens against your home.

Good news is even mechanics liens are relatively expensive to put in place. Unless we are talking major amounts of money, this threat is but a shot across the bow. On a base level, the company that sounds like it served you well and as expected, just wants to be paid so its employees can buy Christmas presents for their kids.


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## chrisn (Dec 23, 2007)

Pay the waste co and fire the contractor


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## ddawg16 (Aug 15, 2011)

To add to the mix....here in California.....if the prime does not pay the sub....the sub can come to you for the money....and put a lien on your property.

Additionally....if a contractor says he has a license...does said work and you find out he does not in fact have a contractors license....you don't have to pay him.....his only recourse is to take you to small claims court...and guess how far he will get when he tells the judge he does not have a license....

What convalutes the whole industry is two groups of people....contractors doeing crappy work...and homeowners not wanting to pay bills....

Have a close friend who runs a flooring company....did a job for a guy who then refused to pay the bill...claimed the work was crap....when he went to look at it, it looked like the floor (wood) had been flooded.

Just like they have a worthless Angies list for contractors....they need a "Richard" (nickname Dick) list for clients....that way a contractor can look up a potential client to see if they are work working for.


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## jomama45 (Nov 13, 2008)

What you probably received was a "Notice of Intent", which is really just a warning shot by the waste company. It's a formality and not actually a lien, at least not yet. They have to wait at least an additional 30 days (could depend on the state) to get a physical lien on your property. I would imagine that this is a tool that the waste company uses with great success, as I'm sure you've frantically called your contractor over the situation, and he's getting pressure from you to pay the bill. Typically, it works and is easy and cheap for the subcontractor. It does end to drive a wedge between professional relationships though, like waste company/contractor, contractor/homeowner, etc...

Whatever you do, demand a lien waiver from both the contractor & waste company before you consider this settled........


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## user1007 (Sep 23, 2009)

ddawg16 said:


> Just like they have a worthless Angies list for contractors....they need a "Richard" (nickname Dick) list for clients....that way a contractor can look up a potential client to see if they are work working for.


You know this is a brilliant idea right? I can get you supporters of Dick's List tomorrow morning. :laughing::yes::yes::yes:

The concept is not without danger so one would have to be somewhat careful. A homeowner may slander and liable on contractor to a point. The equation is not balanced and if a contractor reciprocates all help can break to the surface. 

I do love your concept though. I must admit that I loved most of my clients through the years and we worked through tough times. There have been a few though that others thinking of doing work for should have known about.


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## DexterII (Jul 14, 2010)

jomama45 said:


> What you probably received was a "Notice of Intent", which is really just a warning shot by the waste company. It's a formality and not actually a lien, at least not yet.


And, in some jurisdictions, a lien may not be considered valid in the absence of a Notice of Intent or Notice of Furnishing; it is essentially a notice to the end user that the contractor has provided goods or services for a particular project, which he or she may not otherwise be aware of or maybe simply did not consider. Waste haulers and portable toilet providers seem to be two of the most often overlooked, hence are quick to serve notice. People have a tendancy to see all of the new plumbing, electrical, etc., and "assume" that the "minor details" somehow happen by themselves.


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## Roofmaster417 (Jun 9, 2010)

woodman300 said:


> can the waste company that provides the dumpster put a lien on my home when it is the contractor who hires them. the contractor ordered the dumpster and then, according to the waste company, refused or neglected to pay for the overweight fee. the company is threatening to put a lien on the house.


They can put a lien on your home because your waste is in their dumpster.They might retract the lien if they can empty the contents where the dumpster sits.

But yes even the overweight fee can be used in the lien.VERY important to ALWAYS receive proof of payment on equipment and materials PRIOR to the final payment.


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