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Can I file a mechanics lien

IllinoisLien DeadlinesMechanics LienRight to Lien
Anonymous General Contractor

I'm a contractor that completed emergency water mitigation May 21, 2020 on residential property and have not been paid. The balance due is $5,000. Is there any benefit to filing a mechanics lien after the deadline?

1 reply

Levelset Admin at Levelset
| 1,000 reviews
Nov 10, 2020

Illinois has a unique mechnics lien deadline - even if the initial 4 month deadline is missed, a claimant's lien can be effective as long as it's filed within 2 years of the completion of the last lienable work on the project. If the lien is filed within that 2 year timeframe, and if the property is owned by the same party who initiated the project, the lien will be effective. But, if the property is sold before a lien is filed, then the lien won't be effective - so it's typically a good idea to file an Illinois lien sooner than later.

For more discussion on Illinois liens: (1) How to File an Illinois Mechanics Lien – A Step by Step Guide to Get You Paid; and (2) Illinois Mechanics Lien Guide and FAQs. Additionally, if a lien is off the table, this article should help: Can’t File a Lien? Here Are Some Other Options For Recovery.

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