Re: Mechanics Lien v. Civil Action

Steve, my recollection on election of remedies is that you can pursue
both but in some cases if one is reduced to judgment you may be stuck as
plaintiff. In banking cases I believe some of the loan documents only
prohibit double recovery (double execution of judgment) and probably the
courts would prevent two liens for the same transaction being imposed or
grant relief by striking one upon petition by the debtor. You might be
able to find a quick answer by using the following words in the PBA
Insite Service: election pre/2 remed! and (district pre/1 justice or
magistrate or district pre/1 judge). If you get no hits, try election
pre/2 remed! alone. Since the Insite Service does not have the D.&C's
back on, you may have to go to Lexis or Westlaw to pick up the common
pleas cases reported in those series.
 
 
Arnie
Arnold B. Kogan
Goldberg Katzman, PC
320E Market Street, 3rd Floor
Harrisburg, PA 17101-2225
Phone: (717) 234-4161, Ext. 3159
FAX: (717) 234-6808
Email: abk_at_goldbergkatzman.com
 
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-----Original Message-----
From: realproperty-bounce_at_list.pabar.org
[mailto:realproperty-bounce_at_list.pabar.org] On Behalf Of Steven J.
Proctor
Sent: Tuesday, August 08, 2006 12:27 PM
To: Pa Bar Assoc Real Property List
Subject: [realproperty] Mechanics Lien v. Civil Action

I am hoping someone can save us some research on an issue I have never
encountered before, for some reason.
 
Contractor gets stiffed by owner, and files a mechanics lien claim in
common pleas court vs. the property in question, thus effectively
clouding the title. Since all the rule books say the mechanics lien
claim system is not an exclusive remedy, and since the amount claimed is
less than the $8000 jurisdictional limit for district justices,
contractor files a civil action with the local DJ for the same amount,
on the theory that's the quickest and cheapest way to obtain an
immediately enforceable judgment. DJ case goes to a hearing, and (as is
their wont) the DJ splits the baby and awards contractor 1/2 the amount
claimed, giving no particular reason.
 
Now the question is, if that award is not appealed and becomes final (or
even if it is appealed and an arbitration award is entered under that
docket number which doesn't match the amount of the mechanics lien filed
under a different docket number), how are the differing numbers
reconciled? Is the DJ (or arbitration) award in the one case res
judicata as to the mechanics lien action, or does contractor have the
right to another bite of the apple if he doesn't like the outcome of the
civil action by filing an action to reduce the mechanics lien claim to
judgment?
 
Any wisdom on the subject would be much appreciated, since the
commentataries I've seen seem to stop at saying such claims can be
pursued on the two different tracks, without opining on the possibility
of getting differing results.
 
Steve
 
Steven J. Proctor, Esq.
Binder, Kalis & Proctor, P.C.
1035 E. High St.
Pottstown PA 19464
610-323-6200
Fax 610-970-2082

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Received on Tue Aug 08 2006 - 10:45:02 PDT