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How do I enforce a lien that has been filed?

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Anonymous General Contractor

How do I enforce a lien that has been filed on a commercial property?

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Levelset Admin at Levelset
| 336 reviews
Dec 11, 2019
To enforce an Illinois mechanics lien, the claimant must file a lawsuit to foreclose their lien claim. The relevant statute is 770 ILCS 60/9, which states that a contractor "may bring suit to enforce his lien in the circuit court in the county where the improvement is located... such suit shall be commenced or counterclaim filed within two (2) years after the completion of the contract, or completion of the extra or additional work, or furnishing of extra or additional material thereunder." Enforcing a mechanics lien means the claimant is asking the court to sell the property in order to pay the unpaid balance along with any interest that accrued under Illinois lien law and prompt payment provisions, and potentially attorney fees if the claimant prevails. Keep in mind that enforcing a mechanics lien claim is a full lawsuit, and although individual claimants could represent themselves in court, the foreclosure proceedings are complex, and it's always recommended to contact an attorney to get some legal assistance. Contacting a local attorney should be the first step to filing a foreclosure action. You can find some recommendations on Avvo.com, or the Illinois Bar Association Referral Service.
NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such.
Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.See More...
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Anonymous General Contractor
Question Author
Dec 11, 2019
How is a Missouri lien enforced on a residential property?
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Levelset Admin at Levelset
| 336 reviews
Dec 12, 2019
The process of enforcing a mechanics lien in Missouri is relatively the same as any other state. It's a civil lawsuit, which requires a petition to be drafted, filed, and served in the Circuit Court where the improved property is located. The process is the same, regardless of whether the project is residential or commercial. Keep in mind though that in Missouri, if the property is an owner-occupied, residential project, only parties that had a direct contract with the owner-occupier can assert a mechanics lien; unless the owner signed a Consent of Owner. Missouri mechanics liens, under Mo. Rev. Stat. §429.170, must be "commenced within 6 months after filing the lien." Once the 6 month deadline has passed, the lien will no longer be valid or enforceable. And remember, although individual claimants can represent themselves in court. As Abraham Lincoln once said, "He who represents himself has a fool for a client." Consult a local attorney to help guide you through this process. Again, a good place to start is Avvo.com, or the MO State Bar Association Lawyer Directory. Good luck! You can read: What is "Enforcing" a Mechanics Lien?, for more information on the process
NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such.
Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.See More...
See More...
0 people found this helpful
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