#3127711 - 01/16/13 11:12 PM
Legal help-signing a "release of lien"
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Tennrock
Spike
Registered: 03/09/12
Posts: 60
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]
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Chaneylake
Brownsville Mafia
16 Point
Registered: 12/18/07
Posts: 15297
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
_________________________
"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]
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in the dog house!
10 Point
Registered: 11/29/12
Posts: 2532
Loc: west tn
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Dont sign till cash in hand.... been there done that!
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Luck is where preparation and opportunity meet
Μολων λαβε
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#3127762 - 01/17/13 12:41 AM
Re: Legal help-signing a "release of lien"
[Re: in the dog house!]
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RutMan
16 Point
Registered: 09/18/00
Posts: 15126
Loc: Atoka ,TN - USA
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Dont sign till cash in hand.... been there done that!
^^^^^^^^^^^^THIS !!!!!
_________________________
I believe in the sun....even when it isn't shining
I believe in love....even when I don't feel it
I believe in GOD....even when HE is silent
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#3127847 - 01/17/13 06:30 AM
Re: Legal help-signing a "release of lien"
[Re: RutMan]
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Tennrock
Spike
Registered: 03/09/12
Posts: 60
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: RutMan]
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nodog
4 Point
Registered: 08/12/12
Posts: 205
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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Hello
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#3127883 - 01/17/13 06:59 AM
Re: Legal help-signing a "release of lien"
[Re: RutMan]
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Brisco Darlin
6 Point
Registered: 04/24/12
Posts: 983
Loc: East Tn.
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Dont sign till cash in hand.... been there done that! ^^^^^^^^^^^^THIS !!!!!
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They ain't a horse in sight, but if one comes along i'll give him the right o way.
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#3127897 - 01/17/13 07:17 AM
Re: Legal help-signing a "release of lien"
[Re: Brisco Darlin]
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muddyboots
12 Point
Registered: 11/06/02
Posts: 5912
Loc: savannah, tn., usa
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Get the money first.
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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]
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Bowdacious
16 Point
Registered: 09/01/00
Posts: 12928
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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Disagreeing with me doesn't make me any less right.
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The best gift you can give another is the feeling that they are worth something.
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#3127900 - 01/17/13 07:22 AM
Re: Legal help-signing a "release of lien"
[Re: Bowdacious]
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Bowdacious
16 Point
Registered: 09/01/00
Posts: 12928
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.
____________________________________
The best gift you can give another is the feeling that they are worth something.
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