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A notice of intent to lien was filed by you, how long do I wait to file a lien?

IllinoisLien DeadlinesMechanics LienNotice of Intent to Lien

A notice of intent to lien was filed by you for my company. What is the time frame to file the lien so I don't loose my lien rights?

1 reply

Jul 16, 2020
When hired by someone other than the owner, Illinois mechanics lien claimants must send a Notice of Intent to Lien before they can file a valid and enforceable mechanics lien. This notice must be sent within 90 days of last furnishing labor or materials. It doesn't look like Illinois imposes a specific waiting period after a Notice of Intent to lien is mailed. So, potentially, a lien claimant could file their mechanics lien shortly after the Notice of Intent is sent through the mail. Note, however, that the entire purpose of a Notice of Intent to Lien is to try and resolve the payment issue without having to pursue a mechanics lien filing. So, once a Notice of Intent has been sent, it's usually time to negotiate payment. Still, while deciding when to file your mechanics lien claim, it's crucial to keep an eye on the lien deadline. Generally, that deadline is 4 months after completion of the overall project (not just your specific work) in Illinois. Meaning, there should be some time to try and force payment before a mechanics lien becomes absolutely necessary. Though, it's obviously not a good idea to wait until the last minute, either. As long as a Notice of Intent to Lien was sent, and as long as the Illinois mechanics lien deadline is being observed, it's really up to the claimant to decide when to file their mechanics lien claim. For more information on how to pursue a lien filing: How to File an Illinois Mechanics Lien – A Step by Step Guide to Get You Paid.
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