Advice on unhinged pool maintenance guy

With the pool man of course!


OP - I am 100% just kidding so please don't get upset about this!!

 

Thats gonna be The Post of the Day right there...

 

I believe he would need a contract to file a lien, which doesn't sound like there was one.
Not a lawyer

 

No contract? No invoices from certified mail at post office? Sounds like this guy has no leg to stand on in small claims court which is the only place he could “take it to you.” I’d tell him he’s welcome to cash the perfectly good check you gave him out of the kindness of your heart, then buzz off.

I’m no lawyer but “mechanical lien” sounds like something a sovereign citizen would say. Also, putting ANYTHING in someone’s mailbox is a federal crime so you could always remind them of that when they threaten the “lien”.

 

Maybe this pool guy was doing your house without the knowledge of "the owner" and was pocketing the $.

 

In most states, including California, no written contract is required to file a mechanic’s lien.

However the lien must be filed within a certain number of days to be valid.

 

I can't find this business on the California business lookup, or the CSLB. I did find a small claims court document with a DBA from 2016. That DBA matches closely but not exact to the company name on the invoice.

 

Thats why I said consider. I wouldn't talk to the neighbor unless I had to.

 

I searched using the PO Box on the invoice, and found a BBB entry. The company name listed on the BBB is not equal to the name on the invoice, but a another slight variation.

This is a gem

 

I look at it the other way. You may like your neighbor, or at least want to 'look out for each other'. I'd want my neighbor to know of bad business practice they may be involved with too, and keep shady people out of the neighborhood.

 

Hmmm...maybe a pattern here?.....With that information I would change my advice to cancel the check, pay him nothing until you receive an itemized invoice for all charges, verify they are correct, pay the appropriate amount and never do business with them again.

 

The neighbor and the pool guy are buddies. Being that I have to live next to the neighbor, it's not something I want to bring up with him unless I absolutely have to. The neighbor and I get along well- no need to compromise that.

 

I think you're overthinking it.

Play it like this. Cancel the check yesterday. Log in to your bank and do it now. Then I'd chat up the neighbor. "Hey man, I keep trying to pay your buddy, when was the last time you saw him?" Don't lie, dont mislead, but for political and relationship sake, dont show your hand either.

Also, there is no phantom owner. Something's off. Never take anything at face value.

 

Pattern? That's almost a word for word summary of the original post.

 

Yes...sarcasm is sometimes hard to convey in messages...

 

I am not trying to make enemies here. I think I've ruled this guy out as having a legit business. I don't think he can actually file a lien against our house. If he hasn't deposited the check within 30 days, I'll put a stop payment on it, at that point, and wait for him to get back in touch. If he deposits it before then, I'll consider that case closed, and file an appropriate complaint with the CSLB.

 

Agree. I don't think this guy runs a legit business. Looking like he changes the name a little bit on everything.

 

It's not a matter of filing suit. It's a matter of trying to contact the appropriate party to notify them OP doesn't want to do business with them anymore. Also, that any fees have been paid so that an attempt to file a lien is not applicable.

If someone was threatening to file a lien against my property over nonsense like this and giving the me the run around I'd gladly pay an attorney a few hundred to send a letter. A consultation is usually free.

If the business was somehow able to file a lien against the property (not saying they could, but CA courts are special stupid) OP would be spending a lot more than had he just paid an attorney to send a letter and clear up any misunderstanding in the first place.

What a mess. Something definitely doesn't add up here.

 

So you think the doode who can’t write you proper invoices will have it in him file a mechanics lien? No way!

It’s pretty hard to get done without a contract, paperwork and he probably doesn’t even know what it is. Just mouthing off. Those liens are primarily for subs and for improvements (like building the pool), not the unlicensed guy who cleans it lol