We have mechanics lien on a property and they are refusing to pay. What is needed to file a foreclosure suit?
If you have a perfected Mechanics Lien against private property in Illinois, you may foreclose your perfected lien by filing suit in the county in which the property is located. A contractor suing to foreclose his lien must allege:
Of course, these are very general elements, and most likely you covered many of them in your Mechanics Lien claim. A Mechanics Lien foreclosure complaint is more about telling the story of the job and what went wrong than just reciting the elements. The Complaint must tell a compelling story. It can also be told in multple Counts - breach of mechanics lien, breach of contract, unjust enrichment, etc.
For more information, check out my blog, where I write about this is much more detail: https://www.illinoisbusinesslitigationlawyer.com/illinois-mechanics-liens/
I hope this information was helpful.