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How do I find the form for a Service Affidavit of a Mechanics Lien?

We need to file a Service Affidavit, with our Circuit Clerk of DuPage county office, for work done on a Construction Vehicle. We performed the work. The owner did not pay so we filed a Mechanics Lien. The owner has since gone out of business and moved out of country. We are needing to title the vehicle so we have control over removing/selling it from our property. We have posted the Lien in 2 papers for 3 consecutive weeks and in auction assumed ownership of the vehicle. We need to navigate through this with our Circuit Clerk and they do not have a Service Affidavit or know what I'm talking about. Can you assist in finding the form so we can send it to the Secretary of State to title the vehicle?

1 reply

Dec 4, 2018

I'm sorry to hear about your trouble. To be sure, it sounds like you're referring to a lien on a piece of construction equipment. While the terminology can be tricky, in construction the term "mechanics lien" quite typically refers to a lien on the project real estate. For more info on such a lien, here's some background: Mechanics Lien Laws: What Are Lien Rights? and How to File an Illinois Lien. But back to the question... I think part of the reason for confusion may be a terminology difference - with a vehicle lien in Illinois, an Affidavit of/for Service is necessary, and the term "Service Affidavit" may be throwing the clerk off. This page should be helpful, regardless of whether you're in Cook County: Cook County Clerk of Court Forms. Among other forms, there are forms present for Affidavit for Service.

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