I did work on a house that I spent 40 thousand over ten years ago. She promise to pay when she sold the house but only gave me 10 thousand and said when she sell the other house she would give me the rest of the money..Now she saying selling the other house now she don’t want to pay me.. Is there anything I can do ?

Answered 2 months ago

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Matt Viator

Legal Associate zlien

I'm sorry to hear about your payment trouble, I'm sure that's been frustrating. First, it's worth noting that when several years pass after payment is owed and unpaid, the remedies available will diminish. For most payment claims, and especially mechanics liens, there are strict deadlines that apply. So, seeking out payment via mechanics lien, breach of contract, or some other legal claim - based on the original failure to make payment - will likely be tough (if not impossible). Granted, a threat to file a lien (via a document like a Notice of Intent to Lien), or a threat to take some other legal action (like filing a breach of contract claim) could be very effective to compel payment, regardless of the ability or willingness to follow through with such a claim. Now, the promise to make payment tied to the sale of a house (or multiple houses) might constitute an agreement under which a recovery action could be made. If that agreement is in writing, it would likely be much easier to prove the debt is owed and to make a claim based on the debt. Further, generally, the deadline by which a claim would need to be made would likely be extended compared to if the agreement was only verbal. Further, proving that a debt is owed and was promised to be fulfilled via the sale of property might be particularly hard to do. Regardless - considering the amount of funds owed, it would be wise to consult a local attorney for advice on how best to proceed. They will be able to review the circumstances in full, as well as any documentation, and advise on how to move forward and force payment.

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