Maine Notice of Lien Form

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.  

I am sorry to hear about the issues you have been having recently. 

If you have not filed a mechanics lien yet, there are several steps that need to be filed to do so. In general, if contractors and suppliers don't get paid on a construction project in Maine, they can file a mechanics lien to secure payment. A mechanics lien is a helpful legal tool that provides parties that have failed to be paid with a security interest in the property. If you plan to file a mechanics lien in Maine to secure payment in which you are owed, there are several important deadlines you need to keep in mind to maintain your mechanics lien rights.   

If you have already filed a mechanics lien and payment has still not been received or set up, there are several steps you can take after your lien is filed to enforce payment. 

In your case, it will likely be helpful to send a Notice of Intent to Foreclose. If your phone calls or emails don't elicit payment or a payment plan, it's time to escalate the claim. This can be achieved by sending a Notice of Intent to Foreclose. The notice serves as the final warning!! A Notice of Intent to Foreclose tells the party that they have one more opportunity to pay or your mechanics lien will be foreclosed upon. At this point, mark a reasonable amount of days (typically around 7) on your calendar for them to respond. Make another phone call or send another email if you think it’s worth it. If that date comes and goes with no payment plan set up, it’s time to move onto the final step.

The final step you can pursue after filing your mechanics lien is to file a foreclosure lawsuit. To file a foreclosure action, you will need to hire an attorney because this is a lawsuit after all. In most cases, even if your claim value is very low, this is not something you can pursue in small claims court alone. One last thing to keep in mind is that there is a deadline to enforce your mechanics lien claim. If you were to miss your deadline then you will lose all leverage you managed to build by filing the claim in the first place. Good luck!