I’m in the sod business and have a contractor that has not paid for the sod, 75 days past due, can I file a lien against his business?

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I’m in the sod business and have a contractor that has not paid for the sod, 75 days past due, can I file a lien against his business?

The house we installed the sod on has already been through the closing process and is no longer in the contractors name. Is there any way to file a lien against the contracting business or property where we installed the sod? My business in Oklahoma, amount is 2295.64.

Asked on August 12, 2016 under Business Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your recourse is to sue the customer (the contractor) for the money they owe you: you would sue for breach of contract (violating the agreement, even if only on unwritten one, to pay for the sod) and for "unjust enrichment"--but being unfairly and inappropriately benefited by getting your sod without paying for it. After you sue and (presumably) win, you can then put a lien on the contractor's property, or levy on his bank accounts, to recover money if he still won't pay.


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