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what can a contractor do when a homeowner owes him money?

A contractor completeing work. This was an insurance job, so the insurance was paying for it. The owner keeps saying that he has not received the check. The contractor has contacted the insurance agent and he says the owner should have the check. The contractor has recently found out that the owner has filed for bankruptcy and the property that he was working on is in foreclosure. Is there anything he can do, to get his money? Can a lien still be put on the property, if the bank sells it? Also, is there advice that he should follow in order to stay out of this situation in the future?

Asked By: tweety41978 - 2/26/2008
Best Answer - Chosen by Asker
Do get the lien. If the house forecloses it probably wont matter if you can still get a lien. The first and second position will take the lions share of equity, if any. You might find that you are fourth or fifth down the line. If so it is unlikely that you will get anything... More
Answered By: rolsenn2003 - 2/26/2008
Additional Answers (12)
Try and file a mechanic's lien; but as there is a bankruptcy and a foreclosure in place, odds are the best you can do now is file a claim with the bankruptcy court as an unsecured creditor. Sit down with a local atty and see if a mechanic's lien would still have priority in your state... More
Source(s):
Answered By: wizjp - 2/26/2008
 
File a mechanics lien. Then forclose on the lien. My guess is that a homeowner will not want to forclose based on a mechanics lien and will likely pay you for the work done.
Source(s):
Answered By: proudfather - 2/26/2008
 
Usually you can put a construction lien on a home. You would have to contact your local Clerk of Courts and they should be able to tell you if you can do this by yourself or if you need an attorney... More
Answered By: justme - 2/26/2008
 
Yes, file a lien with the County Clerk. It is easy to do here, had to do that last year. Could be screwed going through bankruptcy, but at least you get on the list of creditors that are owed.
Answered By: RweFree? - 2/26/2008
 
Place a contractors lien on the property. You should also be contacted about attending the bankruptcy hearing to state your case. Contact the insurance company again and ask if the check has been cashed. If so, the person is committing insurance fraud for not paying for the repairs. Not sure how to avoid future... More
Answered By: sensible_man - 2/26/2008
 
go to city court and put a lien on the property, at least u can try to recop funds when the basnk forecloses, who knows! or take him to small claims and sue him!
Answered By: spadezgurl22 - 2/26/2008
 
One in the future ask for a big % before you start, collect some more in the middle and then the balance on complition. Take them to court
Answered By: lilygateau - 2/26/2008
 
Put a lien on the house IMMEDIATELY!!! The owner can NOT sell the house until any any liens are paid!!!
Answered By: Muschi - 2/26/2008
 
Try and file a mechanics Lien against the property. If successful, proceeds from the sale of the home will go to settle debts including the lien. Actually a property cannot be sold or transferred with a lien on it.
Answered By: smedrik - 2/26/2008
 
Put a lien on it IMMEDIATELY.
Answered By: Stephen G - 2/26/2008
 
I AM NOT OFFERING LEGAL ADVICE - CONTACT AN ATTORNEY BEFORE TAKING ANY ACTION... More
Source(s):
Answered By: os1040 - 2/26/2008
 
A contractor should ALWAYS file a lien against any property (s)he works on, and then vacate said lien as soon as the last payment clears... More
Answered By: jcurrieii - 2/26/2008
 
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