R
rgamufn
Guest
I live in the state of ks and we just received a letter from a window company that they are filing a notice of intent to file a mechanic's lien. We have 10 days to respond to this notice and then the actual lien will be filed.
Just a little background, last year we signed a contract that we would like some new windows. We called them a couple of days later and said we changed our minds, we couldn't afford it and please let us out of the contract. (We missed the contracted cancellation date by one day). Many months later they called back and wanted to come out and measure for our windows. We told them no, because we couldn't afford the monthly payments. They sent another salesman out and tried to talk us into going through with the windows. We told them we didn't want to get into a loan we couldn't afford. Basically did this for a couple of months. Now, a year later, they finally accepted that we couldn't go through with the loan and went ahead and charged us the penalty which is a third of the contract, which we understood and told them we would pay. Two weeks later they called and wanted to know where the money was and when were we gonna pay it. Then another two weeks later, we receive this notice of lien..not for the 1/3 of the contract, but for the original full amount. Things are tight right now in this economic time and I'm trying to not take out money that I can't afford. I admit we goofed a little when we missed the cancellation day by one, but where's the mercy?
So, my confusion is this....they haven't performed any work. Never even came out and measured the windows to order them. How can they file a mechanics lien on work that was never performed? Any help would be appreciated. I can't afford these windows, let alone a lawyer.
Just a little background, last year we signed a contract that we would like some new windows. We called them a couple of days later and said we changed our minds, we couldn't afford it and please let us out of the contract. (We missed the contracted cancellation date by one day). Many months later they called back and wanted to come out and measure for our windows. We told them no, because we couldn't afford the monthly payments. They sent another salesman out and tried to talk us into going through with the windows. We told them we didn't want to get into a loan we couldn't afford. Basically did this for a couple of months. Now, a year later, they finally accepted that we couldn't go through with the loan and went ahead and charged us the penalty which is a third of the contract, which we understood and told them we would pay. Two weeks later they called and wanted to know where the money was and when were we gonna pay it. Then another two weeks later, we receive this notice of lien..not for the 1/3 of the contract, but for the original full amount. Things are tight right now in this economic time and I'm trying to not take out money that I can't afford. I admit we goofed a little when we missed the cancellation day by one, but where's the mercy?
So, my confusion is this....they haven't performed any work. Never even came out and measured the windows to order them. How can they file a mechanics lien on work that was never performed? Any help would be appreciated. I can't afford these windows, let alone a lawyer.