Idaho Mechanics Lien Form
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Get help filing your Idaho Mechanics Lien
In Idaho, Claims of Lien (also called a “mechaincs lien”) must be filed within 90 days from last furnishing labor/materials to a project.
Fill out the form on the right to download your Idaho Mechanics Lien Form. Use this form to file a lien in Idaho.
Rules and regulations for sending a Idaho Mechanics Lien
Claim of Lien must be filed within 90 days from last furnishing labor and/or materials to the project. This deadline marks the end of this 90-day period, and your lien is now due.
After completing the Idaho Mechanics Lien Form, you must deliver it to the appropriate parties required by statute. Notices are typically served on the property owner and, for sub-tier parties, the general contractor. However, depending on the type of notice, it can be helpful to send notices to anyone else who is in charge of your payment, like a lender or surety company on the project.
Others are asking about Idaho Mechanics Lien
What Do I do to get paid?
laims court? Can I do a breech of contract and file for more then owed because of financial stresses and loss of opport
Your best bet is to sue the homeowner for breach of contract
in small claims court as the costs of using a lawyer would be cost
prohibitive. You would end up spending exponentially more on attorneys
fees than what you are owed. You would likely be entitled to recover your
attorneys fees but if you can’t afford to pay for leads, you certainly cannot
afford a lawyer. Neither party can use a lawyer in small claims court so
you will not be at a disadvantage. Make sure to submit copies of the
texts/emails from the homeowner agreeing to pay for the work. It sounds
like you have an excellent case with a high likelihood of prevailing.
The maximum amount you can recover in small claims court is
$5,000. You can seek to recover lost profits but those are very difficult
to prove without actual contracts that you couldn’t perform due to the
homeowner’s non-payment.
You could also record a lien against their property to
secure the amounts you are owed but you would have to file a lien foreclosure
suit to recover a judgment ordering that you be paid out of the proceeds of the
sale of the property. I strongly recommend using a lawyer to record the
lien and to prosecute the foreclosure action. There are many technical
requirements to record a valid lien. Any decent construction lawyer will
ensure that all of these requirements are met. It typically costs between
$500 - $700 to have a lawyer draft and record a lien on your behalf. If
you choose to record your own lien make sure to closely review the lien
statutes and follow their requirements to the letter. The lien statutes
are located at Idaho Code §§ 45-501 – 45-525 and are available online.
Best of luck.
How to dispute a lien?
A contractor must record a construction lien within 90 days of its last day of non-trivial work. That said, a contractor you hire can sue you for breach of contract for up to five years after the contract is/was breached. Removing the lien will not eliminate your obligation to pay for the work. The lien will be invalid if the contractor doesn't file a lawsuit to foreclose it within 6 months of the date it is filed but it will still remain of record and could cause issues if you ever decide to sell.
There is a statutory process to remove a lien and substitute a bond in its place. However, the only way to forcibly remove a lien is through a quiet title action.
Given that you're not disputing you owe the money, the best way to resolve this is to locate the contractor and pay it what it is owed in exchange for a release of lien.
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Other forms to use in Idaho
Idaho County Recorders
Looking to file/record a mechanics lien in Idaho? You'll need to get your Idaho mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in Idaho. Click on any county to find more information about how to get your lien recorded in that county.
Bonneville
Boundary
6462 Kootenai Street.
Bonners Ferry, Idaho, 83805
phone: 208-267-2242
fax:
Elmore
150 South 4th East Suite 5
Mountain Home, Idaho, 83647
phone: 208.587.2130
fax:
Fremont
151 W 1st N #12
St Anthony, Idaho, 83445
phone: (208) 624-3148
fax:
Jefferson
210 Courthouse Way, Suite 100
Rigby, Idaho, 83442
phone: (208) 745-7756
fax:
Latah
Payette
Twin Falls
Washington
256 East. Court Street
Weiser, Idaho, 83672
phone: (208) 414-2092
fax: