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The simplest way to prevent liens and ensure that subcontractors and suppliers are paid is to pay with joint checks. This is when both parties endorse the check. Compare the contractor's materials or labor bill to the schedule of payments in your contract and the Preliminary Notices.
If you have unpaid debt of any kind, this can lead the creditors that you owe money to place a lien on your assets.In other cases, liens may be placed on property by a court order as a result of legal action.
When a carpenter, plumber, roofer, or electrician works on a house, he or she can put a labor lien on the property if they are not paid. To file the lien, you must visit the Recorder of Deeds office in the county where the property is located.
Maximize the Homestead Exemption. Protect the Home with Tenancy by the Entirety. Implement an Equity Stripping Plan. Create a Domestic Asset Protection Trust (DAPT) Put the Home Title in the Low-Risk Spouse's Name. Purchase Umbrella Insurance.
While it's unlikely that just anyone can put a lien on your home or land, it's not unheard of for a court decision or a settlement to result in a lien being placed against a property.
Where and how should you file the mechanics lien in Mississippi? The mechanics lien must be filed the chancery court where the project is located. You may have the mechanics lien recorded in the court by sending it via email together with the required lien fees, or you may also walk in and personally file it.
Prepare the lien document, taking care to include all the necessary information set forth above including the required statements. Sign the document. Deliver the lien must the office of the clerk of the chancery court of the county where the property is located.
Formalize a defense for disputing the amount of the lien. Gather supporting documentation for your rebuttal, depending on the type of lien. Contact the agent representing the creditor to dispute the amount of the claim. Negotiate a payment settlement with the creditor if you cannot pay the amount you owe in full.
Unlicensed handymen, provided they are performing work allowed to be performed without a license, (less than $1,000, involving work that is minor or inconsequential, and not advertising as a contractor) may file a lien.