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how do i file a stop payment statute on a
Sent to Legal Experts January 13 09:02 AM

i have performed work on a residential (new construction) project. the builder has refused to pay me for services on the job that date back to three to four months earlier. there is no problem with the work that we have done on the job, and i know that the builder has made draws on this project for the work that i have performed. the housing market in mississippi is awful right now and it is common knowledge that the builder is having financial troubles on a few speculation projects. the project that money is owed to me on is to be closing in three days and in mississippi a sub contractor has no lien rights on real property for work not performed directly for the property owner. this leaves me only one option and that is to practice a STOP PAYMENT STATUTE followed by filing a LIS PENDENS NOTICE. my question is "how do i file, or what information do i need to file these statutes?" in mississippi

 

Optional Information:
flowood , Mississippi

Already Tried:
prompted billing for the services rendered followed by cordial phone attempts to collect the balances of the invoices due

Customer (name blocked for privacy)
Status:  Closed   Value: $45
Answer
January 13 9:11 AM (9 minutes and 13 seconds later)
         
ACCEPTEDCheck Mark

Hi,

You'll need a lawyer I'm afraid. Unfortunately without a mechanic's lien option, you have to bring a suit and file a lis pendens with the county clerk's office. Then before the builder can transfer clear title to the buyer, your claims will pop up and will have to be dealt with before the deed is issued at closing. Is this what you needed or were you looking for forms to do it yourself?

Rich Licata



Edited by Richard V. Licata on January 13 2008 at 9:12 AM

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rvlaw -- Lawyer (JD) -- 99% Positive Feedback on 3926 Legal Accepts
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January 13 9:14 AM (2 minutes and 53 seconds later)
         
i actually needed forms so i could do it myself
Customer (name blocked for privacy)
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January 13 9:19 AM (5 minutes and 11 seconds later)
         
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rvlaw -- Lawyer (JD) -- 99% Positive Feedback on 3926 Legal Accepts
NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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January 13 9:27 AM (7 minutes and 57 seconds later)
         
Rich                                                  you left me with let me check further for you, is the any other info that you can provide for me?
Customer (name blocked for privacy)
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January 13 9:59 AM (32 minutes and 34 seconds later)
         
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rvlaw -- Lawyer (JD) -- 99% Positive Feedback on 3926 Legal Accepts
NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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