Hello - I need help determining if we have the right to file a mechanics lien and then foreclose on that lien on a property in Indiana, but it's not a cut and dried construction job. We are a contractor in Illinois hired by a third party to load heavy factory machinery out of a prior customer's location. The prior customer is now in bankruptcy and I assume the bank owns the property. We were hired to pack up and load the factory equipment onto trucks we provided for delivery to a destination address in Michigan. The Michigan company hired us; they purchased the machinery from the bankrupt owner of the property. We are having trouble getting paid by the hiring party due to an invoicing dispute. Do we have the right to place mechanics lien on the origin property? If not, what alternative legal recourse would we have? Our collections lawyer is licensed in Illinois and also doesn't know Indiana law.
I am attorney Nick Podlaski of Podlaski LLP. I handle a significant number of residential improvement/new home construction matters. This sounds like a fairly simple matter which we routinely handle for our contractor clients. Feel free to give my office a call at 260-782-1712 for a free 15 minute consultation to discuss this matter. You may be running short on time per statute to effectuate a perfected lien. It sounds like if this is residential you have 60 days from last day of work...call me as soon as you can.
Thanks for your response Cindy. I think I need more factual background to assess what claims, if any, you may have under Indiana law. If you did no work on the property you likely cannot file a lien. DId you dismantle fixtures/equipment tied to the property? In reviewing what facts you have provided in more detail, it sounds like a battle of the forms issue/breach of contract. If you provide me with the invoice I can take a look. Technically, Indiana's long arm statute could apply and reign in the MI company to IN for suit. What county is this? If you give me a call we can discuss. Best, Nick