can i file a mechanics lien for material not paid for
IllinoisI placed an order for a custom door for a customer in Illinois. He signed a CC authorization that the product is not returnable. We got into a dispute over the timing of the 3rd party installer that i recommended but he retained. Customer cancelled the CC and I won the first 2 times and third time he was succesful. Now i have a custom door that he should have to pay for. Can i put a lien for the full amount 12,250 against his house?
1 reply
You supplied a custom door and the owner was aware of its nonrefundable nature.
Short Answer: Yes, you are entitled to a Mechanics Lien for the value of unpaid improvements.
Longer Answer: As it states in the Illinois Mechanics Lien Act:
Any person who ...improve[s] the lot or tract of land ... or a structure thereon, is known under this Act as a contractor and has a lien ...for the amount due to him or her for the material, fixtures, apparatus, machinery, services or labor, and interest at the rate of 10% per annum from the date the same is due.
To enforce your Mechanics Lien you should file notice, serve that Notice on the parties that the Statute requires you to notify, then prepare to foreclose your Mechanics Lien in Court. This is not a quick process, but you are entitled to interest and, in limited circumstances, Attorneys' fees and costs.
I recommend consulting an experienced Attorney on this matter. I hope this information was helpful. Best of luck.