If a lien is filed on your property and you believe the lien is wrongful, you, the property owner have a right to contest the lien. In some cases, you may be able to file a summary motion to remove a lien. This is a lawsuit filed in district court that will allow the almost immediate removal of the lien. (These are heard by the court upon or within approximately 24 hours of filing). If you are trying to transfer property that is subject to a wrongful lien, this action which operates much like a temporary restraining order, may be the right answer for you. In these cases, a lawsuit will be filed and the issues will be heard by the court. In the event the court rules in your favor, you will obtain an order that removes the wrongful cloud on your title and allows you transfer property. Generally, the court will require that you file a bond to protect potential interests of the party that filed the lien.
In the event that the facts of your case do not allow for a summary motion to remove a lien, you can still take action to have the lien removed. The difference is that the length of time to accomplish the task. You can discuss your options with a qualified attorney who can talk to you about what option may be best for you.
If you are a tradesman and a property owner is attempting to remove your lien, you will need to defend it. You will need an attorney who can help to prove that you have followed all of the steps required to maintain your lien and are entitled to payment. Even if you have concerns about the validity of the lien due to complications with filing, there may be valid defenses to the cause of action or allegations made against you.
It is important that you discuss your legal rights and the ramifications of your decisions with an attorney so that you can make an informed decision regarding how to proceed. Give us a call at (214) 308-2027 to discuss your case today.