Service Provider Threatens to Put Lien on My House?
I was verbally promised a job for free in a package of services on my property by a local business, but it was never performed. Last week, I called them again to request it, and I made it very clear that it was supposed to be free. They kept saying they'd check their notes and call me back, but never did. A day later, the guy came to perform a routine service and finished the "free" job I've been asking for. All was pleasant until he left me an invoice for a charge of $150. I called the office to explain how things progressed and my intention to not pay an additional $150 for something I'd never have wanted had I known its hefty price tag, the person simply flipped and threatened to put a lien against my property. I now feel deceived and helpless. How would you handle something like this? What is the likelihood of them putting a lien on me? How and where to file complaints for businesses? I am in California. I greatly appreciate your input! Thanks much for all your answers! I have a bit more information: the "free" job that I requested was never put into contract, and I didn't sign anything authorizing it, either. Does it make me safe from a legal perspective? Thanks again!
Public Comments
- get it in writing next time. you need to pay up.
- Without a contract or written quote, you don't have much of a leg to stand on. Cough up the $150 or spend 10 times or more that fighting them in court. Consider it a life lesson learned.
- You have evidence of a verbal collateral agmt. The question is whether the parol evidence rule http://en.wikipedia.org/wiki/Parol_evidence_rule is applicable here. Have a look at contract. If there is a clause to suggest the written agmt constitutes the entire agmt, you're probably out of luck. Much depends on whether this oral agmt is typical of the type of transaction you undertook in California. Is it the 'new normal', one wonders? Will Small Claims have seen this type of complaint quite often? Check the local Reasons for Judgment database. Search the business to see what their litigation history is. Where's the smoke, there's probably fire. You should certainly fight it. Paying a fee when you contracted for gratuitous service would be unjust enrichment. The good news: no matter how you decide to proceed, it's VERY! unlikely a creditor owed a mere $150 for a service contract in dispute would be able to attach a lien to your property. Check out company at BBB, too. You may want to lodge a formal complaint. Certainly you'd have nothing to lose.
- Let them yell until their heads fall off it costs more to place a lien on you re property than this is worth! starts out about 200.00 You have to look at the contract legalities . you better pay up if you think they have a chance of placing it on you're credit score though it can take it down a few points.
- Me? I would tell them to kiss my toushy. If they send you a bill. I would 1) report them to the Better Business people 2) reply in writing to them that you can receive service of process at that address. (sue me!!!) That you will require: - The name and address of the registered agent of the promotional company which delivered the packet - a Bill of Particulars and - through subpoena will unfortunately find it necessary to obtain a copy of their /customer base list, (names, contact information and services performed) for the last six months, /bank statements /business insurance carrier address and contact number /and their balance sheets. Thank them for providing their contact information. That would be my reply, but I ain't real sharp and live on the east coast.
- If it is as you say, he is bluffing as he has no right to put a lien on your house in such a manner. Let him bluster all he wants and enjoy the work he did for you.
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