Can a roofer sue me personally for unjust enrichment if he has already placed a link on my property?

UPDATED: Sep 30, 2022

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Can a roofer sue me personally for unjust enrichment if he has already placed a link on my property?

I owe my roofer a balance of $3,280 for a roof total cost of $6,000. I have been making payments and told him I will continue to pay him in full, plus interest less

than the amount of the original agreement due to sudden unexpected job loss. He placed a lien on my property almost year ago.He is now saying he plans to sue

me for unjust enrichment plus court costs, attorney fees, etc., even though he has placed a lien on my property.Can he do this? What should I do?

Asked on February 25, 2017 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, he can sue you even if there is a lien. A lien is one way to secure payment, but it does not itself pay the debt (not until the lien is paid off, such as on sale of your house), so the debt remains outstanding; he can therefore sue you for it.
If you have a written repayment agreement which you are honoring, he cannot sue you so long as you are honoring it. So working out payment plan which he will sign and agree to can avoid be sued.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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