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Can I collect payment if I have their banking info on file?

Illinois

I have a homeowner that owes money for work that we completed. Can I have an attorney just use the banking info on file to if they paid with a check to freeze their account of have the money taken out?

1 reply

Feb 25, 2021

If you are a contractor or supplier that was not paid for a construction project in Illinois, you can file a mechanics lien to secure payment. 

On most projects in Illinois, a preliminary notice is not required. Sub-tier parties working on single-family owner-occupied residence must provide notice to the owner within 60 days of starting work. To retain the right to file a mechanics lien, Illinois sub-tier parties must deliver a Notice of Intent to Lien within 90 days of last furnishing labor and/or materials. A mechanics lien must be filed within 4 months after completion of work to be effective against subsequent property owners. If the lien is filed after 4 months but before 2 years after completion of work, it will still be effective against the original owner. To enforce the mechanics lien, it must be initiated within 2 years after completion of the work. The enforcement deadline is strict and cannot be extended. If the deadline is missed, the lien becomes unenforceable. 

If you are interested in filing a mechanics lien, Levelset provides a Step-by-Step guide on how to do so. 

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