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Enforcing a lien.

Illinois

Your company file a mechanic's lien on our behalf for a past due account in Illinois. The lien was filed on 4/7/21. Now that the lien is filed, what are the steps to enforce the lien and get our money?

3 replies

Nov 12, 2021

First, you indicate "your company" filed a Mechanics Lien on your behalf. I assume you are referring to LevelSet. Keep in mind that I do not work for, or represent, LevelSet. You may wish to consult them directly with questions.

Second, as with any Mechanics Lien, the steps to collect are to file and "perfect" the lien (i.e. to record it with the County and send notice to certain parties as required by State law), and then to "foreclose" the lien by filing a lawsuit in the Circuit Court.

If no action is taken, the lien will expire in 2 years and is of no further effect. But, I have had many contractor clients file Mechanics Liens and when the owner of the liened property is ready to sell or refinance, the Owner must - and does - pay off the lien. So, you could perfect and your lien and wait for your payment (plus interest) or sue to foreclose and collect in the lawsuit.

I hope this information was helpful. I recommend you speak with a Construction Attorney. Best of luck.

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Nov 17, 2021
Assuming the lien was properly recorded and perfected, you now need to file a lawsuit to foreclose the lien in court.
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Nov 17, 2021
File suit to enforce the lien
 
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