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Do I need to reimburse the lien fees paid by the contractor?

IllinoisMechanics Lien
Anonymous Contractor

A mechanic's lien was placed on my property. I am ready to pay off the amount now with interest but the contractor is asking for $250 in fees he paid for placing the lien to the county as well his attorney. Is that legal?

1 reply

Levelset Admin at Levelset
| 1,010 reviews
Nov 23, 2020

It's extremely common for a lien claimant to ask for filing costs, and it's certainly legal to negotiate the release of the lien. So, a lien claimant requesting the costs associated with filing the lien isn't something uncommon or illegal. What's more, considering it cost the lien claimant money to file the lien in order to simply recover what they're already owed, it's pretty fair to request filing fees. Further, Illinois isn't as strict as some other states about what amounts can be included in a lien claim. So, if the filing cost was included in the lien itself, it's possible that's proper.

With that being said, if an owner has paid the amount of the lien, then the lien should generally be released. Plus, if a check is cut for the lien amount, a lien claimant would likely be willing to cash it regardless of whether the filing cost is being paid. And, if payment is made and accepted, the lien will become invalid and unenforceable and the claimant will need to cancel the lien within 10 days of the owner demanding it be released. More on that here: Who cancels the Illinois Lien if/when I get paid? 

In any event - if it looks like a legal dispute is about to erupt over $250, or if the lien is causing problems on the property, keep in mind that $250 is far less than what any legal dispute would likely end up costing. Finally, this article should be useful to you: A Mechanics Lien Was Filed on My Property – What Do I Do Now? 

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