What do I do if the interested party refuses to sign homeowners claim check? 7 Answers as of November 13, 2013

Can a contractor who only did $4,500 in work put a lien on my house for $12,000? My homeowners insurance sent me a check for $12.000. It also has the interested person on my claim on the check. She refuses to sign unless she gets the money.

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Law Office of William Stoddard | William Stoddard
sounds like you have to sue the person to have the court order signature unless the person can prove he/she has the full amount coming. The contract was for you get paid a loss. To repair cost only part of the loss payment. You want to pay the person what he/she has coming. The court will sort out what that is and make sure the person gets paid (which is why the company put his/her name on the check too) but not be enriched. You have the right to the difference because of the total loss, not just the repair cost.
Answer Applies to: Washington
Replied: 11/13/2013
Stephens Gourley & Bywater | David A. Stephens
If you cannot work out a resolution you will either need to ask the insurance company for a different check or go to court to work out the payment and expunge the lien.
Answer Applies to: Nevada
Replied: 11/7/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
That is correct. You would have to file a motion to remove that lien before you could get the bank to issue you a new check to you.
Answer Applies to: New York
Replied: 11/7/2013
Law Office of John C. Farrell, Jr.
Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
I would suggest that you rebut the contractors claims by asserting a claim for breach of contract for not completing the job or a substantial portion of it. You may also consider contacting your attorney general.
Answer Applies to: Massachusetts
Replied: 11/7/2013
Gottlieb & Goren, P.C.
Gottlieb & Goren, P.C. | Aaron W. Goren
Ask the insurance company to issue a separate check for the contractor. If it won't, sue the contractor or wait for her to sue you. Let the insurance company know why the check is not being cashed.
Answer Applies to: Michigan
Replied: 11/7/2013
    Law Office of Richard Winkler | Richard Winkler
    Did they sign a contract with you? How much was it for? How are you planning on paying the rest? Too many questions to ask based upon the info provided. If the contractor wants to keep its lien and not receive any payment, then I suppose they can do that (assuming the lien is valid). Taking some money doesn't mean the rest isn't owed.
    Answer Applies to: Rhode Island
    Replied: 11/7/2013
    Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
    It would appear that your only recourse is a lawsuit.
    Answer Applies to: Illinois
    Replied: 11/7/2013
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