Home>Levelset Community>Legal Help>I sent a certified notice of intent to lien 9 days before the 90 days was up and they didn't accept and sign for it until day 91. Is my Lien still considered within time frame?
I sent a certified notice of intent to lien 9 days before the 90 days was up and they didn't accept and sign for it until day 91. Is my Lien still considered within time frame?
My husband did Electrical work and owner is not paying general contractor. The owner still owes $3,000 to my husband. Sent an intent to lien
1 reply
Apr 24, 2019
Great question! In Illinois, a 90 day Notice of Intent to Lien is considered served at the time it is mailed - not at the time it was actually signed for (as long as mailing requirements were followed). This is set out by § 60/24(a) of the Illinois mechanics lien statute, which reads, in part: "notice by registered or certified mail is considered served at the time of its mailing." So, as long as a notice of intent to lien was actually mailed within the 90 day deadline, that notice will be considered timely, and the receipt of the notice outside of that 90 day window will not prevent the filing of an otherwise valid lien. Hope that was helpful, and good luck recovering what you're owed!