[WSBARP] crazy contractor's lien

[Matt Albrecht]

Warning on that statute--if I remember right attempting to use it and
FAILING to have the lien removed results in an award of fees against the
owner.  And the bar for a frivolous lien seems pretty high in most judges'
minds.

On Mon, Sep 14, 2015 at 10:41 AM, Ron Housh <ron at housh.org> wrote:

> Josh
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> You may have already reviewed this – but see RCW 60.04.081 – which allows
> an expedited procedure in dealing with liens that are frivolous or clearly
> excessive.
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> Ron
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> ***FOR PLANNING: I WILL BE OUT OF THE OFFICE FRI. SEPT. 4 THROUGH MON.
> SEPT. 14***
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> *I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE
> MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY *
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> *Ronald G. Housh, P.S.*
>
> *Attorney at Law*
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> *Seattle Office:*
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> *1420 Fifth Avenue, Suite 3000*
>
> *Seattle, WA 98101-2393*
>
> *Phone:   206-381-1341 <206-381-1341>*
>
> *Fax:        206-464-0461 <206-464-0461>*
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> *Email:    **ron at housh.org <ron at housh.org>*
>
>
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> *Mount Vernon Office:*
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> *21411 Bluejay Place*
>
> *Mount Vernon, WA 98274*
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> *Phone:  206-235-2459 <206-235-2459>*
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> *Email:   ron at housh.org <ron at housh.org>*
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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”.
>
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> They did record the lien within about a week of the last day they were on
> the property.
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> 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.
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> 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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