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Delaware mechanics lien

Delaware

Hello, I followed all step-by-step instructions to file a mechanic's lien in Delaware, but was told by county clerk they could not accept my application, because an attorney had to file it on behalf of LLC. I did not see that requirement anywhere in the law. Is that correct that an individual cannot file a lien on behalf of LLC in Delaware and we have to hire an attorney? The process looked pretty straight forward.

1 reply

Nov 7, 2022
The clerk is correct. Outside of the JP Courts an artificial entity, including an LLC, must be represented by a Delaware licensed attorney to file in court. And a mechanics’ lien claim must be filed in the Superior Court. The statute does have a process for filing a mechanics’ lien claim in the JP Court, but I have never seen that attempted nor have I ever tried to file one in the JP Court.
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