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If a mechanics lien is amended after failure to serve, does the service deadline get extended?

PennsylvaniaMechanics Lien

I have a mechanics lien on a customers house. I filed within the correct timeline, but the sheriff's office failed to serve within 30 days.If I amend the lien, does the 30 day service clock start again?

3 replies

Aug 20, 2020

Mechanics lien amendments serve to correct, modify, or add information to a previously recorded lien. Few states have concrete statutory rules when it comes to the applicability or availability of amendments, or the process of modifying a previously recorded lien. A major factor in whether a mechanics lien amendment is a good option or not is if the timeframe for filing a lien has expired. If an amendment is a potential solution, it must be filed before the original deadline by which a valid lien must be filed has expired. Please keep in mind that an amendment will not have any effect on an already expired lien, nor will a lien amendment extend the life of a lien. Considering the mechanics lien you previously filed was not served on time and you are not correcting any information in the original lien, one potential alternative route to recording a lien amendment (when the time to file a lien has still not passed) is to release the incorrect lien and file a new mechanics lien. There is more information available to you regarding if you can refile a mechanics lien after you remove a lien. Considering lien amendments are confusing, and the rules surrounding them are often hard to determine, it is always a good idea to seek legal advice from an attorney to figure out the best course of action in a case. For more information regarding Pennsylvania construction lawyers can be found here: Best of 2020: Top Construction Lawyers in Philadelphia, PA

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Aug 20, 2020

Thank you for that information. The time frame to file the lien did not pass, but the 30 days after filing for servicing the notice did pass. I cannot seem to find information on whether the amendment allows another 30 days to serve the notice.

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Aug 23, 2020

The deadlines for filing liens in Pennsylavnia pertain to the last day that work pursuant to the agreement was performed on the liened property. These deadlines are not eligible for any extension based on service issues - even if the issues were not your fault. So it really depends on the last day that you performed contract work on site. If you had a direct contract with the owner, you would need to file (or refile) the lien within 6 months of the date that you performed contract work. If you were a subcontractor, you would need to first provide written notice of the impending lien 30 days prior to filing (i.e. within 5 months of the date that you performed contract work on the property).

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