Do you need a lawyer? Man I hate is kinda stuff!
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Go to the county courthouse, they will direct you from there. I believe it was less than $20.00 to file.
Depending on the laws in your state, county, city, township (take your pick) the lien is only valid for a set period so you will have to keep filing until you get your money.
I know a guy that filed a lien and had his wife renew it like clockwork. When the HO went to sell approx 12 years later a bit of interest had accrued on the lien . The HO desperate to get clear title so he could sell, offered to just pay the original amount. The contractors response... NOPE!
Thanks for the help guys!
I paid a lawyer $50 the first time (I did the legwork for him, got the legal description of the property and then took the paperwork over to the county clerk and filed it) just to see how it was done. After that I've filed a couple of my own........and they paid off!
I had given up on collecting on one when 2 years later I got a call from a bank saying that the HO was refinancing and, lo and behold, there was my lien! They advised him to just pay it.
Ed
Edited 12/15/2002 9:05:30 AM ET by Ed
Agreed. You don't need a lawyer, you must file within x number of days of the last completed and unpaid for work(check with your state's statues on this), you must refile/remnew after "expiration" and........here in Illinois, you must file a release of mechanic's lien if and when there is settlement or face a fine and legal fees for not doing so..... $15 or $20 to file claim.... filing release is free.
You may likely find the necessary forms at a local office supply store, but I don't think you'll find them at Office Max or Staple's. Office supply here had them individually for 15 cents each. You might get an attorney to sell you the forms for a couple of bucks.
You aren't required in Illinois to tell the party in question that you've filed, nor does the state/county inform them, but I think just knowing might rattle them enough to encourage prompt payment. On the flip side of that, if I remember correctly, they have x number of days to contest once the lien is placed. If those days pass without their knowledge.........too bad.
That search on your state's laws concerning mechanic's liens should answer any and all your questions. Good luck to you. It won't be as painful as you might think right now.
Hey "Gold"............I believe the Illinois Statute contains a mandate to first send (Registered Mail) an "Intent to Lein " notice to the nonpaying customer............after that all other Lein papers procede directly to the court house.
New Construction (unoccupied) rules are different than remodels or occupied house additions Rules.
Because Lein laws are statutes and spell out a specific set of sequences in order to complete a successful lein. Any failure to follow the statute in filing for a lein will invalidate the lein.
.............................Iron Helix
You are absolutely correct, sir, and it's a good thing you mentioned that. I forgot.
I've only ever had to consider filing one of these, and hope that remains the case. I guess once in 28 years ain't a bad record. There were.......how shall I say.... extenuating circumstances involved, but full payment was prompt once I filed and informed him cause he knew he didn't have a leg to stand on.
Knowledge is power, but only if applied in a timely fashion.
ONCE in 28 Years................
You ARE Lucky! Congratulations.....I wish I could say the same.
It is an involved process that requires constant monitoring with each case.
......................Iron Helix
Hurrah!! I got my rubles!
Just make sure you do it. Navigate this thread to see why.
What state do you hail from?
Lein laws are very specific in procedure per state...........check out your state's lein stautes!
Like most legal documents they are not always extremely clear as to what you must do to acheive a good lein. Ask around the folks that you do construction business with..........they're experience in filing will be invaluble in laying out the correct method as prescribed by the state's Lein Law.
If your local lumberyard belongs to your state's Lumberman's Association you can have access to some very good information as well as a set of proper forms for filing.
Patience, persistance and precision is important!
Good Luck..........................Iron Helix
does your locality require licensing? are you licensed, were proper permits pulled?
if the answers are yes, no and no, it may be a problem to file a mechanics lien
I'm sure my state doesn't require a license, in this case I was a sub to a sub. I think we got things resolved, I notified the contractor that I hadn't been paid. The guy I worked for also has not been paid so when he called looking for his money the contractor must have told him I was in contact with them so the clown I work for called me wanting to " put the check in my hand" after claiming it got lost in the mail twice! Needless to say I'll have to be really desperate for work to do anything for that guy again.