What are my options... I subcontracted work from a home improvement company and they are not paying my company ...Subcontract home improvement work … convinced me to sign no lien waiver in order to get my check because they were going out of town… there was no check it was paperwork … it's not the first time that this company has held money over head to make us do things and basically stole money from us
Answer by Atty. Jay K. Nixon, Bankruptcy Atty. with offices in both Kenosha and Janesville, WI, Avvo Rating: 10 In WI, subcontractors who do not waive their lien rights before the job can file home improvement liens directly against the homeowner if they are not paid, but this can only be done during a very short window of time. You therefore urgently need legal counsel to assert it. Once recorded, a valid lien would force the homeowner to pay you if they ever try to sell or refinance the property, and also protects you from possible bankruptcy of the prime contractor who brought you into the job. Foreclose of the lien is also sometimes possible, although your lien will usually be lower on the money food chain than the primary lender's mortgage. Also analyze whether the before-the-fact lien waiver you signed was really valid, since failure of consideration usually voids a contract such as an agreement to waive a lien. Obviously, signing the waiver without first seeing the payment check in front of you was a very bad idea, but if you can prove a direct lie made with intent to defraud you on that transaction, you could certainly also sue for civil fraud and there might be a chance that you could convince a law enforcement agency to bring criminal charges against the contractor. Either way, yours in an extremely common problem for subcontractors whose lack of legal sophistication allows general contractors to take advantage them, but we all wish you the best of luck.
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