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Do magistrate hearings/appeals extend the 6 month deadline to file a mechanics lien in PA?

PennsylvaniaMechanics Lien

Do magistrate hearings/appeals extend the 6 month deadline to file a mechanics lien in PA? A client wants to file one, but did not file it because he was before a magistrate to recover payment and then had to pursue an appeal. Do these court proceedings extend the 6 month deadline to file the lien?

2 replies

Dec 21, 2021

No. Mechanics' liens are creations of statute and strict compliance with the requirements of the statute is necessary to assert a mechanics line claim.. there is no provision in the statute that extends to deadline for a mechanics' lien claim based on the filing of magistrate's action.

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Dec 29, 2021

No – the filing of a magistrate complaint does not toll the filing of a mechanics’ lien. The two are treated as separate, unrelated matters and the statute related to mechanics’ liens must be strictly complied with.

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