Lien Against Home

I would not pay the sub but I would contact an attorney. I would want information from a professional legal rep. Often times we think common sense and logic would prevail but unfortunately, the law doesn't always work that way. Legally, the sub is entitled to payment and although I wouldn't pay him at this point, I would ask an attorney about the sub's rights and your responsibilities if the agent (the contractor) doesn't pay. Agent duties and obligations can be complicated when there is a third party involved (the sub). I obviously don't have the answer, but would present these questions to a professional to get them. Good luck. I agree with prior postings that you should have your receipts, canceled check, etc. and I would also keep a log of the phone calls to the contractor.

In all likelihood, you are going to need to hire an attorney, but there are some things you can do on your own that an attorney would do so you can save some costs on the attorney. I would look at the contract you have with the contractor and see what provisions were in the contract for paying sub-contractors. I would also request a copy of the contract between the sub-contractor and the contractor to see what provisions they had in place for payment. The sub-contractor may not provide the contract, but you can ask. I'm new to Texas, but I know on the Maryland's Dept. of Taxation website you can locate information on whether or not a contractor is licensed. This information may come in useful. Hope this helps.

Hi V.,

Contact Bob Wilson at ###-###-#### he is a wonderful Real Estate Attorny.

Best Wishes,

C. Roeschen
The Trinity Group
Keller Williams
###-###-####
____@____.com
www.TheTrinityGroup.org

DO NOT PAY THE SUB! I am assuming that you paid the contractor that sold you the job, in full. Do you have a copy of your payment and your receipt? If so, you have nothing to worry about. Your contract was with the contractor and not the sub contractor. In Texas, the contractor only has 90 days from the time the service is completed, to file a lein. He is way past the 90 days. The sub knows this too. He is just trying all angles to get paid. If the sub did hire a lawyer, the lawyer would tell him that he can't go after you for the money....only the contractor. You are in good standing.
Just a suggestion, if the sub continues to threaten you, I would tell him that you are going to pursue harrassment charges if he calls you back. You have every legal right to do so.

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1. Don't pay sub.
2. If sub calls, tell him to cease all collection efforts by phone and to correspond by mail only.
3. Contact a real estate attorney for a free consultation and bring the attorney letter you received. A lot of folks give free advice (nice of them) but I would make sure the advice is coming from an attorney at law that knows your rights & options, especially when you have received a letter from an opposing attorney requesting that you pay or else.
4. Somthing else to consider - even if you sued the contractor, they have to be served by a constable or process server and if they avoid getting served, it never makes it to court. If they do get served and you go to court, you only win a judgment (if you win). Then what? The court doesn't make the other party PAY the judgment, that is up to you to collect it from the contractor. If the contractor is avoiding your calls now, he probably would never answer for sure if you own a judgment to collect on.

Do not pay the Sub. It is the contractor's responsibility to pay the sub for the job he did for you. I work for a construction company and we have gone through this a few times. Hopefully you have copies of your payment to the contractor. Get a copy of the check from the bank showing that the contractor cashed the check. We have to have our subs sign a lien waiver before they can receive payment from us. Once you get a copy of the cashed check send that to the sub. and tell them that the contractor has been paid and they need to deal with them not you. If the contractor keeps avoiding everyone you might have to get an attorney to go after the contractor because the sub can put a lien on your house.
Good Luck!