I am a contractor. A homeowner suffered a water loss. We completed the job 100%, the insurance company paid the homeowner and the bank. One month prior to the money being released, we filed a lien and sent it to the bank. The money was issued to bank and homeowner. The homeowner took the money and did not pay me. The bank told me they missed it and should not have endorsed the check; however the money is gone. I want to go after her legally. Does the bank have any responsibility here?
You will need to ask an attorney familiar with your states laws. If the law provides that with notice of the lien, the bank is restricted in cashing the check, they may have some liability. In many cases however, your lien is your protection to be repaid. Small claims court, depending on the amount, may be another avenue of collection as it may provide more remedies than a lien to collect the money owed to to you.
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You will need to ask an attorney familiar with your states laws. If the law provides that with notice of the lien, the bank is restricted in cashing the check, they may have some liability. In many cases however, your lien is your protection to be repaid. Small claims court, depending on the amount, may be another avenue of collection as it may provide more remedies than a lien to collect the money owed to to you.
