Need Help with Mechanic's Lien

Updated on March 12, 2008
T.H. asks from Chicago, IL
5 answers

We had a housecall with Paul's Heating and Cooling in Berwyn, IL, on 01/21/08. They looked at our broken heater and we made arrangements for my husband to go to their office down the street and look into purchasing a new furnace. We decided to get a second opinion and had another company come over and look at our furnace. At that time (this was all during the same day), we found out that Paul's Heating and removed our furnace motor. This prevented us from getting a second opinion as we obviously needed the furnace motor to get an accurate quote and to get a second opinion. We called the Paul's Heating tech who had come to our house for the housecall. He admitted he had taken the furnace motor (without our knowledge and without our permission). We asked for it's return. He said he would return it to his home office. I went to Paul's Heating the very next morning for the furnace motor. They would not return it without me paying the $99 service fee for the housecall. I told him that we were not notified of any fee when the tech arrived. As Paul's Heating had just worked on our motor a month prior, I thought that the work might be under warranty. When I told Paul's that I felt it was extortion for asking for a service fee after our furnace motor was taken (at no time while the tech was at our house during the housecall did he mention a service fee), they still would not return the part. I have since filed a complaint with the Better Business Bureau and plan on filing a police report tonight. I also filed a complaint with the city of Berwyn. Today, Paul's Heating responded to my complaint and said that they would file a mechanic's lien against our house for the $99 fee (at no time was a work order signed off on at the time of the house visit). Do they have a right to do this? I feel like I am being blackmailed for $99 when Paul's Heating stole something from us without our permission. I know it may not seem like a lot and we could just pay it, but it really makes me mad that they stole from us and won't return the part and are now demanded payment. Do we have any options?

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So What Happened?

We ended up paying the $99 service fee. If we hadn't paid by 03/15/08, they would have filed a $450 mechanic's lien against our property which included the $250 fee for filing the mechanic's lien, $75 non-payment fee, etc. etc. Even though I still think it is EXTORTION, I do not want to stress about it anymore and felt that paying the $99 outweighed everything else. I just didn't want the stress anymore. Be forewarned, watch your contractors in your house, ask for everything in writing and seek referrals for work. Don't go through what I went through!

More Answers

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M.N.

answers from Chicago on

honestly, this sounds like theft. I have never heard of anything like this. I would think if there was a fee involved, then they should have billed you for it. When they came out originally, did you sign anything, like a contract for the work? Was there any small print? Definitely check with the police and inquire if you have legal avenues to persue. This just doesn't seem right. Just my opinion...good luck! Did the BBB have any other complaints for them?

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L.S.

answers from Chicago on

Call the cops and let them know it was stolen. Tell them you want a police report. Do you have the name of the person who took it? He would be the one arrested for theft. Also, it wouldcost them more than $100.00 TO PLACE THE LEIN ON YOUR PROPERTY. Then, when it would go before the judge, he would have to approve it. I cannot ee tha happening. Good Luck!

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

N.O.

answers from Chicago on

Hi T.,

It will cost them around 100 to file th mechanic's lein so I'm guessing they will probably not do it. Did you pay your original bill from the first call or was the motor under warranty? I would definitely be upset they took your part w/o letting you know what they were doing. You should have had some sort of paperwork...didn't you sign something the initial visit? Was the motor old/bad and needed to be replaced?

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

A.W.

answers from Chicago on

Defintley file the police report and report it stolen.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

D.K.

answers from Chicago on

Wow! I just checked the Better Business Bureau's website and, even though they are an "accredited" business, they've had 15 complaints in the past 3 years - and those are only the complaints that have been filed! That seems like an awful lot: that's like one every 10 weeks!! I'm surprised that they can still be considered a BBB Accredited business w/that kind of record.

I cannot believe that a company can get away w/something like removing your furnace motor without something being signed! I would definitely file a complaint with the city of Berwyn. What about getting in touch w/ "the Fixer"? She writes a column in the Sun-Times: http://www.suntimes.com/forms/fixer/index.html

Otherwise, there's always Pro Se Court (small claims court) - it's like $56 to file for claims up to $250; not sure how much more time/effort you're willing to put forth over $99, which is probably what they're counting on: you'll get fed up and just pay them.

Good Luck!

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