[WSBARP] crazy contractor's lien

[Marcus Fry]

Josh:
Several theories that can be utilized, but look at RCW 60.04 because that is what they are basing their claim under for authority to file a lien.  You can file an action to remove the lien and note a simple motion and recover legal fees.  You are correct about needing to be licensed contractors as well.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Adoption Attorney*
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Monday, September 14, 2015 10:33 AM
To: wsbar
Subject: [WSBARP] crazy contractor's lien

My client, a 83 year old widow, hired some neighborhood “friends”, one couple,  to help her dispose of furniture and property in a home after her husband died.  They worked a few days, she paid them $2000, and later they wanted more, having “forgotten” the $2000... Then characterizing the $2000 as a gift.

  They recorded a contractor’s lien on the property for $8,500.  It reads: “I did furnish the following labor and/or materials: 10 weeks – assisting, cleaning, packing, moving to storage, yard work, rubish[sic] removal”.

They did record the lien within about a week of the last day they were on the property.

Home is assessed at $108,000 by Grant County.
  No one, of course, is a licensed contractor.
  The form doesn’t refer to any particular statutory lien, however, it is on the form customarily used by contractors.  (the footer on the lien form says NOVA LF 136 Claim of Lien Pg2 (07-11).  Not sure where they got it. They  Hand wrote in the spaces that are not pre-printed.

I assume that a complaint for defamation of title and for quiet title will free up the lien so the widow can sell.

Without doing research, I assume further that one cannot lien up real property after cleaning .

Any thoughts?  Any other causes of action?
Thanks

Josh






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