I have a mechanics lien that was filed with the recorder's office. What are the next steps to enforce it? Here's what the homeowners lawyer has sent us You are hereby notified and demand is hereby made upon you, pursuant to 770 ILCS 60/34, to commence proceedings within 30 days of the date of the service of this notice and demand, to enforce your alleged claim for lien against the premises legally described to wit: LOTS 35 & 36 IN YORK CENTER SUBDIVISION IN THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN IN DUPAGE COUNTY, ILLINOIS.
You state that you have received a "Demand to File Suit," which requires that you file a Mechanics Lien Foreclosure action wtihin 30 days or lose your Mechanics Lien rights. If you have given notice by filing with the Recorder's Office, you must still provide notice via Certified Mail, and simultaneously prepare a Foreclosure Complaint in the Circuit Court for the county in which the subject property is located.
I recommend that you consult wtih experienced Construction Counsel as you proceed to file suit to foreclose. I hope this information was helpful. Bestof luck!
So I understand this correctly. If I file a mechanics lien in all reality. It defeats the purpose of filing the mechanic's lien. To collect my money, I need to spend an exorbitant amount of money on attorney fees which I will never recover and sue the homeowner. So It's like walking in a casino and playing craps. It's a gamble. Because the only one who wins here is the casino and, in this case, the lawyer.