How to respond to mechanic lien

Mechanics liens are very hard to dismiss. There are several legal technicalties which make it very hard to explain here. You might be able to countersue. I would definitely consult with a commercial NYS attorney. You might find my legal guide on selecting and hiring a lawyer helpful. You might find my legal guide on Is it Legal? Is it Illegal? helpful. You might find my legal guide on the understanding the different court systems helpful. You might find my legal guide on legal terms used in litigation helpful (Even if you are not filing a lawsuit this information can be useful). You might find my legal guide on commercial litigation helpful. . LEGAL DISCLAIMER Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

In order to challenge the validity of the amount of a mechanic's lien, or whether any money is due at all, the lienor must first foreclose on that mechanic's lien. Once a foreclosure action has been commenced, you can assert your counterclaim for willful exaggeration of the mechanic's lien and there are certain penalties that you are entitled to if you can prove the exaggeration, including vacating the lien. If the contractor has simply served you with a lien there is no way for you to challenge the amount until foreclosure. There is a procedural device to force a lienor to foreclose or lose their lien rights but you need to consult with a local construction attorney to find out how that process works.