I obtained the services of a contractor for a out of town rental property that was damaged by my former tenants. After 5 months and almost $30,000 I was able to visit the property. None of the work is completed and much of what is done will have to be redone since it was done incorrectly (i.e. carpet mis cut and installed over the original padding, wood work ruined from not being stained properly, floor and plumbing not installed properly, etc). The contractor runs his business from his home. Since he refuses to return the money paid to him thus far for the job can I place a lien on his residence until such time that he does? Also do I have to file a civil suit as well. Finally, I am aware that (unless specified and agreed to) a judgement in a lawsuit can be listed as a debtor in a bankruptcy. Can a lien also be discharged in the same manner?
1 Answer from Attorneys
Dear Writer: You may have to file a formal complaint with the Prosecutor where the property is located, stating your claim for wrongful, criminal conversion (theft) of your properrty , i.e. money. Unfortunately, you didn't first retain the services of an experienced Attorney to pepare a contract, specifications, and require your Contractor obtain insurance, performasnce and payment bonds to protect your property and money., etc.
You'll need an Attorney now, to assist you with your civil and criminal claims in an attempt to recover.your money, loss of use, etc. Good luick.
J. Norman Stark, Attormney & Architect Emeritus
Cleveland, Ohio 44110
Email: [email protected]