Can a roofer sue me personally for unjust enrichment if he has already placed a link on my property?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 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.
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