We had an oral agreement, backed by many emails to and from, with a contractor who was unable to perform the work he promised to do. We fired him and he left the job on April 30, 2021. He had no contact with the owner of the house, who is my daughter, until she sent him 2 payments on June 1, 2021. On August 16, 2021, a letter and copy of a Mechanics Lien was sent to our address, which is not my daughter's address. There was no "notice of intent to file lien" sent to anyone. We sent a very detailed response to the contractor's lawyer telling him why we do not owe the contractor anything. We already paid him $12,815.58. The contractor sent an invoice on May 19, 2021 asking for payment for punch-list items that were actually done by the contractor who replaced him and 2 other vendors. He gave credit for $12,000.00 even though we sent receipts for the $12,815.58 that he was already paid. We also sent copies of the proposal from the contractor who replaced him, showing the work the new contractor performed - the same work that the claimant contractor wants to be paid for. What do I need to do to file a motion to vacate his frivolous mechanic's lien in Lake County, IL? My daughter's house is now on the market for sale. How long will it take the court to vacate this lien?
You state that a Mechanics Lien was filed against your Daughter's property in Lake County, which is now for sale. Your question, however, misconstrues the nature of a Mechanics Lien and how to combat one.
Short Answer: You may challenge the Mechanics Lien via Statutory means or negotiate a resolution. In neither case is a "Motion to Dismiss" an available option.
Longer Answer: Illinois law permits the owner of liened property to challenge the liening party to file suit to foreclose or lose its lien rights. The result may be removal of the lien and the filing of a non-mechanics lien lawsuit, or the filing of a suit to foreclose the Mechanics Lien. Either of these would further encumber title to the property and impede the sale. You may also be able to challenge the lien based on failure to properly perfect (i.e. notice, format), but the contractor could drag his feet and hold the sale hostage.
I hope this information was helpful. I recommend consulting with an experienced Construction Lawyer to take your next steps. Best of luck.