Home>Levelset Community>Legal Help>I was a subcontractor in Illinois and the contractor is in Illinois the job was in Morton MS can I file a lien and do I do it in Illinois?
I was a subcontractor in Illinois and the contractor is in Illinois the job was in Morton MS can I file a lien and do I do it in Illinois?
We repaired floors at a food processing plant in Morton MS and the general contractor on the job has my invoice on hold and will not take our calls. The owner in Mississippi was very please with our work and we did not hear of any issues.
1 reply
Sep 23, 2019
Mechanics lien rights arise in the project property where work was performed, not against any individual or any business. So, if a mechanics lien will be filed based on work in Mississippi, that lien would need to be filed in Mississippi - specifically, in the county where the project was located. For more information on how to file a mechanics lien against a Mississippi project: How to File a Mechanics Lien in Mississippi. For more on the applicable requirements: Mississippi Mechanics Lien Guide and FAQs.
Payment recovery options before ultimately filing a mechanics lien
Note, though, that filing a mechanics lien isn't the only way to catch the eye of a customer who's failed to make payment. By sending a demand letter, a claimant can show their customer that they're serious about recovering payment and that they won't go unpaid without a fight. More on that here: Demand Letters for Contractors – How To Write One That Gets You Paid.
Further, merely threatening to file a mechanics lien - with a document like a Notice of Intent to Lien - can be effective. Contractors don't want to have mechanics liens filed on their projects, and owners really hate when mechanics liens are filed against their property. So, informing both the owner and the customer that a mechanics lien may be on the horizon can put pressure on a customer to make payment. More on that idea here: What Is a Notice of Intent to Lien and Should You Send One?