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#3127711 - 01/16/13 11:12 PM Legal help-signing a "release of lien"
Tennrock
4 Point


Registered: 03/09/12
Posts: 180
Loc: Wayne County

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I filed a "intent to lien" on a project I did work on and now my customer wants me to sign a form "unconditional waiver and release upon final payment" before they will send the money they owe. This form states that I have been paid and waive rights to lien the project.

Should I sign it or insist on payment first?

Any advice would be appreciated.

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#3127734 - 01/16/13 11:42 PM Re: Legal help-signing a "release of lien" [Re: Tennrock]
Chaneylake
Brownsville Mafia
16 Point


Registered: 12/18/07
Posts: 16792
Loc: on the wings of a snow white d...

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never release the lien until payment is paid in full, as a Professional Land Surveyor I always stood my ground and never released lien until payment, sometimes you just have to be hard nosed
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#3127748 - 01/17/13 12:08 AM Re: Legal help-signing a "release of lien" [Re: Chaneylake]
in the dog house!
16 Point


Registered: 11/29/12
Posts: 10301
Loc: west tn

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Dont sign till cash in hand.... been there done that!
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#3127847 - 01/17/13 06:30 AM Re: Legal help-signing a "release of lien" [Re: ]
Tennrock
4 Point


Registered: 03/09/12
Posts: 180
Loc: Wayne County

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Thanks guys.

I thought the wording "upon final payment" might cover signing first. I don't know why they think I would not sign it after. They are the one not paying and holding my check hostage over this form.
I am going to ask for a cashiers check, then I will sign the waiver.

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#3127848 - 01/17/13 06:31 AM Re: Legal help-signing a "release of lien" [Re: ]
nodog
4 Point


Registered: 08/12/12
Posts: 297
Loc: Ohio

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I see their point but if payment is made then there is no grounds for a lien. If they want to be released tell them to pay. Simple as that.
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#3127883 - 01/17/13 06:59 AM Re: Legal help-signing a "release of lien" [Re: ]
Brisco Darlin
10 Point


Registered: 04/24/12
Posts: 3466
Loc: East Tn.

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 Originally Posted By: RutMan
 Originally Posted By: in the dog house!
Dont sign till cash in hand.... been there done that!




^^^^^^^^^^^^THIS !!!!!
x2
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#3127897 - 01/17/13 07:17 AM Re: Legal help-signing a "release of lien" [Re: Brisco Darlin]
muddyboots
12 Point


Registered: 11/06/02
Posts: 7406
Loc: savannah, tn., usa

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Get the money first.
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#3127899 - 01/17/13 07:20 AM Re: Legal help-signing a "release of lien" [Re: muddyboots]
Bowdacious
Skillet
16 Point


Registered: 09/01/00
Posts: 16350
Loc: over here

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They should have paid and not put you in a position to put on a lein in the first place. They pay- you release. Simple.
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#3127900 - 01/17/13 07:22 AM Re: Legal help-signing a "release of lien" [Re: Bowdacious]
Bowdacious
Skillet
16 Point


Registered: 09/01/00
Posts: 16350
Loc: over here

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Oh- I forgot. If they don't like the lein, will they like going to civil court, losing and having to pay court costs on top of what they owe?
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Disagreeing with me doesn't make me any less right

There is a difference between being proud and being conceited

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#3127912 - 01/17/13 07:41 AM Re: Legal help-signing a "release of lien" [Re: Bowdacious]
huntinkev
8 Point


Registered: 11/23/06
Posts: 1662
Loc: East Tenn

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what they all said don't sign anything till you have a cashiers check, something you know will be good, in your hand
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#3127976 - 01/17/13 08:32 AM Re: Legal help-signing a "release of lien" [Re: huntinkev]
waynesworld
8 Point


Registered: 05/13/12
Posts: 1489
Loc: Mboro, Tennessee

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Ya I have had to deal with General contractors and project people that want a sub to sign a release and it is never advised to sign one. If you sign a release even if they give you a note or some thing that states they will pay you, you just lost all your collateral. If they file for bankruptcy protection you just lost your place in the head of the lunch line. Seen it happen first hand when I was doing accounting for a sub. Most large general contractors are protected with cooperate papers so they can protect there assets.
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#3127985 - 01/17/13 08:44 AM Re: Legal help-signing a "release of lien" [Re: waynesworld]
TNGunsmoke
8 Point


Registered: 09/07/11
Posts: 1428
Loc: Jackson,TN

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Cash in hand first.
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#3127989 - 01/17/13 08:46 AM Re: Legal help-signing a "release of lien" [Re: waynesworld]
NICHOLS3
10 Point


Registered: 01/19/01
Posts: 3340
Loc: knoxville

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reminds me of the day I signed my divorce papers. My wife was keeping the house but I had my stuff stored in the garage while I found a place to live. She told me I could come pick it up anytime but once I signed the papers she told me it was all hers.
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#3128001 - 01/17/13 08:57 AM Re: Legal help-signing a "release of lien" [Re: Tennrock]
preds1
12 Point


Registered: 10/16/09
Posts: 6592
Loc: Sumner County

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 Originally Posted By: Tennrock
Thanks guys.

I thought the wording "upon final payment" might cover signing first. I don't know why they think I would not sign it after. They are the one not paying and holding my check hostage over this form.
I am going to ask for a cashiers check, then I will sign the waiver.


We do it all the time for different cities/counties all over the southeast.
Basically, we've be paid in full already, other than 5% retainage which always varies in dollar amount.
We sign the lien releases all the time and "Upon Final Payment" is just standard verbage.
It is always accompanied with the exact dollar amount of said final payment though.
It's all pretty standard and they should have no problem adding the dollar amount owed to the release. (given your customer is legit)

If there's completed services that's gone upaid for a period of time though, or they have a poor payment history; I'd be a little more leary of it.

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#3128162 - 01/17/13 11:03 AM Re: Legal help-signing a "release of lien" [Re: huntinkev]
TAFKAP
14 Point


Registered: 11/06/09
Posts: 9856
Loc: Memphis

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 Originally Posted By: huntinkev
what they all said don't sign anything till you have a cashiers check, something you know will be good, in your hand


Not good enough...check needs to clear first.
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#3128169 - 01/17/13 11:05 AM Re: Legal help-signing a "release of lien" [Re: TAFKAP]
huntinkev
8 Point


Registered: 11/23/06
Posts: 1662
Loc: East Tenn

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 Originally Posted By: TAFKAP
 Originally Posted By: huntinkev
what they all said don't sign anything till you have a cashiers check, something you know will be good, in your hand


Not good enough...check needs to clear first.


exactly if it is a personal check. Cashiers check should be guaranteed money. But it wouldn't hurt to have cash in hand before signing

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#3128189 - 01/17/13 11:15 AM Re: Legal help-signing a "release of lien" [Re: huntinkev]
TAFKAP
14 Point


Registered: 11/06/09
Posts: 9856
Loc: Memphis

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Perhaps, but I believe a cashiers check can be rescinded in the same manner as a personal check.

Edited by TAFKAP (01/17/13 11:15 AM)
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