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I placed a mechanic lien on a customers house can I now take him to court ?

IllinoisLawsuitLien Foreclosure

My company Ah remodeling home repairs provided materials and labor on a job where the customer refused to paid the 2nd installment of the contract. I placed a mechanic lien on his property, csn I in addition sue him in court for the unpaid balance of the contract?

1 reply

Aug 14, 2018
If a mechanics lien does not prompt payment solely by virtue of being filed and served, it must be enforced within a certain time period or it expires and becomes unenforceable. In Illinois, an action to enforce a lien must be initiated within 2 years from completion of work.

The way to enforce a mechanics lien is through a foreclosure lawsuit filed in court in the county in which the lien was filed. This is a real, full-blown lawsuit, so a mechanics lien can require a lawsuit to be filed, to be effective. In the foreclosure lawsuit, additional causes of action or claims could be added. You may want to speak with a local attorney to help out here by taking a look at the lien claim itself, the situation giving rise to the claim, and see what the most effective path forward may be.

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