We have a customer who owes us almost 45k. He has become unresponsive. We have reordered materials for him per his request, made multiple trips and worked with him to get items the way he wanted, even though he signed a contract that doesn't state these items. We have gone above and beyond and would like to get this wrapped up. He has become unresponsive right now.
Your question states that you have catered to a customer that now owest you $45,000 and has become unresponsive. You want to know how to file an Illinois Mechanics Lien. Here are the steps:
Perfect your Claim. Every contractor in Illinois is entitled to a Mechanics Lien claim when not paid for work performed or materials supplied to improve property. However, to be entitled to payment ahead of such other claimants as the mortgage company, you must record notice within the statutory time limit (3 months for subcontractors, 4 months for general) and give notice via Certified Mail to all parties with an interest in the real estate.
Enforce your Claim. Once perfected, your Lien claim will sit on title to the liened property, but that does not put money in your pocket. To enforce the claim, you will ned to file suit in the property in which the property is located and name all the parties with an interest in the property ("necessary parties") as defendants.
Under some, but not all, circumstances, you may seek Attorneys' fees and Court costs under the Mechanics Lien Act. Overall, however, you should also couple your lien claim with counts in your Complaint for breach of contract, potentially unjust enrichment, and there may be still other causes of action that you can use.
Overally, I recommend sitting down with an experienced Illinois Construction lawyer. I hope this information has been helpful. Best of luck!