Maine Notice of Lien Form

The place to start, assuming you have one, is to review your contract with the owner to determine what it provides in the event of a dispute. You will want to follow the contract procedures for the resolution of disputes. That process may involve binding arbitration, nonbinding arbitration, or mediation. If there is no dispute resolution process, and you cannot resolve the issue by negotiating with the owner, then you will likely need to file a lawsuit seeking to collect what you are owed. Of course, as this process moves forward, you will want to make sure you preserve and enforce any available mechanic’s lien rights and claims you have in a timely manner by following the applicable Maine statutes and case law. Acting timely is critical; failure to meet the applicable deadlines, which are strictly enforced, and failing to properly preserve or enforce a mechanic’s lien will mean that lien is lost, and generally that loss will be permanent.

As a matter of Maine statutory law, to potentially qualify for a mechanic’s lien the labor you perform must be used in erecting, altering, moving or repairing a house, building or appurtenances. The packing and delivering of a customer’s household goods does not appear to fall within this language. Accordingly, I do not believe you would have the right to pursue a mechanic’s lien in these circumstances. Of course, you can always sue the client based on the written agreement the client signed and you can request an attachment, which if approved would allow you to place a lien on certain property owned by the client.

No, a valid lien cannot be placed on an owner’s property using fraudulent information in Maine. The applicable Maine statute uses the phrase “a true statement of the amount due the claimant,” so fraudulent information would not qualify. Among other possible claims, it sounds like you would have claims for Declaratory Judgment, Quiet Title, and Slander of Title.