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  1. #1
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Judge Dismissed My Mechanics Lien Claim

    You have no case.

    The statute of limitations has run.

  2. #2
    Join Date
    Nov 2006
    Posts
    3

    Default Re: Judge Dismissed My Mechanics Lien Claim

    Quote Quoting seniorjudge
    View Post
    You have no case.

    The statute of limitations has run.
    The statute of limitations has run on the mechanics lien of 1 year, yes.

    The statute of limitations under contract law under an action for assumpsit has not run as it is 6 years.

    So if the claim is under the assumpsit action, the SOL has not run.

    But whether the statute of limitations has run or not was not the question.

    The question was whether I should appeal her ruling that a dismissal with prejudice is res judicata.

    She ruled that a lien (that was dismissed with prejudice) for $20K is identical as a money owed claim for $20K, thus res judicata.

    This, despite an intermediate court ruling as well as a supreme court case that both dismissed the lien claims BECAUSE there was an opportunity to pursue a claim for moeny owed under an action for assumpsit.

    I realize that you are a Senior Member and I post here to learn from you. If I may, I would like to kindly ask that you answer the question of whether I should appeal from her ruling that a lien is the same as money owed, especially since there are cases in stare decisis that supports my position.

    Certainly, if the Intermediate Court and the Supreme Court dismissed the lien cases and informed the plaintiffs that they may pursue under an assumpsit theory, would this not also be res judicata?

    Thank you so kindly!

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Judge Dismissed My Mechanics Lien Claim

    All "senior member" means is that somebody posts a lot. Granted, most of the senior members usually provide give good information, but in relation to any specific comment take it as a measure of quantity.

    For $20,000.00, as I see it, it's worth discussing the case with a lawyer who handles civil appeals to see how much an appeal would cost and get a full assessment of your chances of prevailing.

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