A homeowner files a mechanics lien claim against a Virginia contractor for $28,000. The contractor believes the claim is invalid. What is the contractor's best course of action?
Correct Answer
A) File a motion to discharge the lien in circuit court
The proper legal remedy for challenging an invalid mechanics lien in Virginia is to file a motion to discharge the lien in the appropriate circuit court.
Why This Is the Correct Answer
In Virginia, the proper legal remedy to challenge an invalid mechanics lien is to file a motion to discharge the lien in the circuit court having jurisdiction over the property. This is the formal statutory procedure.
Why the Other Options Are Wrong
Option B: Ignore the lien - it will expire automatically
Mechanics liens do not simply expire automatically when ignored. The lien attaches to the property title, can cloud the title, and must be actively removed through legal process. Ignoring it risks the lien being enforced.
Option C: Pay the amount and sue for recovery later
Paying an invalid claim and suing for recovery is economically inefficient and legally unnecessary. The contractor has the right to contest validity without first paying.
Option D: File a complaint with the contractor licensing board
The contractor licensing board handles licensing disputes, not mechanics lien validity. It has no authority to discharge a lien on real property.
Memory Technique
Invalid lien = Circuit Court Motion to Discharge. Think 'court is the cure.' The licensing board regulates contractors; the circuit court resolves property disputes.
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