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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: 176
Loc: Wayne County

Offline
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: 16645
Loc: on the wings of a snow white d...

Offline
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
_________________________
"Don't piss down my back and tell me its rain", Fletcher, Outlaw Josey Wales

Living somewhere between this world and the other, Legends of the Fall

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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!
14 Point


Registered: 11/29/12
Posts: 9707
Loc: west tn

Offline
Dont sign till cash in hand.... been there done that!
_________________________
Luck is where preparation and opportunity meet



Μολων λαβε

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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: 176
Loc: Wayne County

Offline
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

Offline
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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Hello

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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: 3255
Loc: East Tn.

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




^^^^^^^^^^^^THIS !!!!!
x2
_________________________
I'm a little mean but i make up for it by being real healthy.

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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: 7189
Loc: savannah, tn., usa

Offline
Get the money first.
_________________________
X Force is Bad!
Let em go and let em grow!
There is a difference in a turkey killer and a turkey hunter!

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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: 16244
Loc: over here

Offline
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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Disagreeing with me doesn't make me any less right

There is a difference between being proud and being conceited

Beware the skillet ---O

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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: 16244
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?
_________________________
Disagreeing with me doesn't make me any less right

There is a difference between being proud and being conceited

Beware the skillet ---O

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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: 1527
Loc: East Tenn

Offline
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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