Our last date of furnishing was 8/24 and a notice of intent was not sent. I would like to know what recourse options are available to us if we continue to experience non payment?
Illinois is one of a handful of states that requires subcontractors to send a Notice of Intent to Lien before a lien claim can be filed. And, as you may know, this Notice of Intent to Lien must be sent within 90 days of last furnishing labor or materials to the project. If more than 90-day pass and the Notice of Intent to Lien isn't sent, then lien rights are typically out of the picture with one very limited exception, which you can read about here: What if an Illinois Notice of Intent to Lien is sent late?
Mechanics liens aren't the only option for forcing payment, however. For one, sending a Notice of Intent to Lien - even a late one - could convince your customer to pay up or at least convince the owner to put pressure on them. Further, simple invoice reminders could also spring a customer into action. If those options are ineffective, then sending additional threats, like a payment demand letter, could get the job done. And, of course, placing the debt with collections or pursuing legal claims (like breach of contract or under the Illinois prompt payment laws) could be effective. Depending on the size of the debt, you could pursue claims in small claims court to keep legal fees down.
Finally, this article should be helpful: Can’t File a Lien? Here Are Some Other Options For Recovery.