Can service companies place a lien on your home?

Posted at 5:22 PM, Aug 05, 2016
and last updated 2016-08-05 17:30:48-04

Eddie Siegel said he couldn't use his backyard pool most of the year, because it's green. He called a local pool cleaning company, but says they never fixed the problem. He canceled the service this summer, but ended up with a bill for $500.

"They said we will give you back a month and that's it, we said our pool has been green for six months we would like three months back," said Siegel.

Siegel said a deal wasn't reached, so he disputed the charges on his credit card.

"Then I get a notice that the pool company is going to place a lien on my home," said Siegel.

Consumer Rights Law Group Attorney, James Giardina, said the family doesn't have to worry about a lien because the pool company isn't legally allowed to place a lien on the property.

"In this case if it is simply services for cleaning the pool there is no right to file a lien," said Giardina.

He said there are three categories of liens.

  • Government/tax lien
  • Mortgage lien
  • Construction lien

"The pool company doesn't have a right to file a lien if they haven't provided any permanent improvement to the pool," said Giardina.

He said the same laws apply to lawn care work that is done on a home. 

Representatives from the pool company said the family should have stopped the service months ago if they were not satisfied. They plan to file a lien if the bill isn't paid. Siegel said he plans to fight the lien.

"We aren't going to be bullied I don't believe in paying people from work not done," said Siegel.