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How to file a lien

Pennsylvania

We sent a letter of intent with no response - how do we file a lien

1 reply

May 9, 2023

You need to file a Mechanics' Lien Claim.  

Before you can file such a claim, you to determine if you have the right to file a Mechanic's Lien Claim. First, you needto verify that the job/project was private project. If not, you can't file a mechanics' lien.

You then will need to determine if the Project is a Searchable Project. If the Project has a value of greater than $1.5 million, it is considered a "searchable Project." If it is, the Owner
can file a Notice of Commencement. If it does, you would have needed to file a Notice of Furnishing on the State's internet-based Construction Notices Directory within 45-days of commencing your work. If you did not, you will not have the right to file a mechanics' lien.

If the Project is private and you filed or were not required to file a Notice of Commencement, the next step will be to prepare and file a Mechanic's Lien Claim. Your Mechanics' lien Claim must be filed within six (6) months of the last day you performed work on the Project. It is filed with the Department of Court Records or Prothonotary in the County where the property is located. The requirements for the form/content of the Mechanics' Lien Claim are quite specific and the Courts interpret the requirements very strictly, striking liens that do not precisely comply with those requirements. I would therefore recomend contacting an attorney to assist you in preparing the claim. Alternatively, I would at least recommend reviewing Pennsylvania's Mechanics' Lien Statute to verify compliance with those requirements. The requirements are set forth in 49 P.S. § 1503. 

Once you file the Lien, you will then have 30 days to prepare a Notice of Filing of Mechanics' Lien Claim (Note - the Notice must include a copy of the filed Claim) and have it served on the Owner by the Sheriff. If it cannot be served on the Owner, the sheriff can post the Notice Property. If it is not served within 30 days, the Lien in invalid.

After the Notice is served by the Sheriff, you will then have to file an Affidavit of Service, verifying when and how the Notice was served. That Affidavit must be filed within 20 days of the service on the Owner. If it is not filed, the Lien is invalid.

If you complete all of these steps properly, you willl have a valid mechanics' lien agains tthe property.

Good luck!

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