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Can we charge the customer our filed lien fees and lien cancellation fees?

Illinois

We filed 2 Liens for 2 different jobs, same Customer. After multiple attempts on the 2 invoices totaling over $24K that they had been open since 12/31/2021, we never received payment. The responses were very unclear if any response was there at all. I gave them all documents requested, etc etc. The Liens were processed and filed on 09/30/2022. Ironically, an ACH came through 1 business day later with no heads up or remittance in advance. After being charges the $349 for both liens and now having to cancel both liens at $149, these fees total $996.00. Can we charge the customer these fees?

1 reply

Jul 21, 2023

The issues you are dealing with depend on a careful review of
the contract and other writings which are part of the transaction. The moral of your story is that a lawyer should be hired at the beginning of the transaction
to revise and draft the contract.
 

Howard Gopman 

Howard Z. Gopman & Associates, Ltd. 

One Northfield Plaza, Suite 300 

Northfield, IL 60093 

847-441-1802 

   

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