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Do I need to file a mechanics lien more than once?

IndianaLien DeadlinesMechanics Lien

I filed a mechanics lien last July against a client who did not finish paying their bill.Do I need to refile every year or is this a one and done deal?

3 replies

Jul 14, 2020
Once an Indiana mechanics lien has been filed, it will only be valid for one year from when the lien was recorded. If an enforcement action hasn't been initiated within that timeframe the lien will expire and no longer be enforceable. A enforcement action is lawsuit to prove your claim, and if successful can force the foreclosure of the property to pay off the underlying debt. Once the claim has expired, the opportunity to enforce your lien rights based on the labor and materials provided under that contract will be lost. However, there are still other options for recovery such as a claim for breach of contract or quantum meruit. Furthermore, if the claim is for under $6,000, these claims can be brought up in Indiana small claims court. In any event, this may be time to contact a local attorney to help guide you through this process.  We have a few Indiana attorneys in our Expert Center community you may want to reach out to personally. Good luck! Here are some additional resources you may find helpful:
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Jul 14, 2020

In Indiana, you must file suit to foreclose the lien within one year of recordation (unless a credit is given, which also must be filed within the year). That one-year time may be shortened if the owner provides you with a written notice demanding that the claimant foreclose the lien within 30 days. In your case, hopefully, you have not already gone past the one year mark and you can still file an action to foreclose. I would recommend you contact a real estate attorney immediately.

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Oct 1, 2020

I am attorney Nick Podlaski of Podlaski LLP (260-782-1712). Give me a call to further discuss your legal claims.

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