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At what point should I consider posting the lien on the property if the lien hasn't been served by the Sheriff?

PennsylvaniaMechanics Lien

My lien was recorded about three weeks ago, and I see that I have a month to get the lien served. However, the Sheriff hasn't confirmed that the lien has been served. Do I wait the full month and then post the lien on the property, or should I do it sooner rather than later to cover my bases? If I do have to post the lien on the property, what do I do about the affidavit or acceptance of service that must be filed within 20 days?

1 reply

Sep 24, 2019
A Pennsylvania mechanics lien claimant must give notice of their lien filing within 1 month of their lien claim. Generally, this must be served by personal service - typically via the Sheriff. As you mentioned above, if service can't be made, the notice can be posted conspicuously on the site in order to fulfil this requirement. These requirements are created by § 1502 of Pennsylvania's lein statute - but that section doesn't provide much in terms of when, exactly, personal service should be given up. And, it doesn't provide much help with how to undertake executing an affidavit of service of the notice. Generally, though, there are some practical guidelines that come to mind. For one, notice must be given within 1 month of filing the lien, and posting the notice shouldn't take much time at all. So, for a lien claimant who can easily have notice of their lien conspicuously posted at the job site, it might make sense to wait a bit longer and try to serve the notice. But, ultimately, what really matters is that the notice is given according to the statute. So, whatever it takes, it's crucial to either make sure personal service is made before time runs out - be that through service or posting. When exactly to pivot from one method to the other, though, is up to the claimant since it will be heavily dependent on the claimant's circumstances. As for filing an affidavit of service of the notice - even if notice must be posted, instead of personally served, the affidavit of service shouldn't change all that much. An affidavit which states the notice was conspicuously posted to the job site, as allowed by § 1502(c) of the Pennsylvania mechanics lien statute, would likely suffice. Proof that personal service couldn't be made might also be worth including along with an affidavit - though it's not explicitly required. And, to shore things up with that filing, including a photo of the posting of the notice might serve a claimant well, too.
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