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I'm in a bind. What is the best course for a foreclosure action on a project in Illinois?

After I retired, someone asked me to remodel a building. Basement, First and Second Floor. The amount I requested when finished is extremely low. Even so, I was paid part of it. Mechanics Lien has been filed for over $8000.00. They offer half the amount. I don't want to accept. My attorney says litigation might cost me up to $16000.00 and i'm discouraged to file law suit. I spent my own money for supplies materials etc. Plus labor. The owner stated, that we agreed on $15000.00. I'm not a contractor. I just have skills and a will. Proof I have are emails only. Yes, they contradict his argument.

1 reply

Jul 17, 2019

I'm really sorry to hear about that. It sounds frustrating, and no one should have to scratch and claw just to be paid what they've earned. When a lien has been filed, often, the next recovery step is often seen as filing suit to enforce the lien. However, adding an additional step can sometimes help to recover payment without actually having to enforce the filed lien. By sending a document like a Notice of Intent to Foreclose, a lien claimant can show the property owner that they're serious about recovery. A Notice of Intent to Foreclose is essentially a final warning shot, and it puts the owner on notice that if payment isn't made, the claimant isn't afraid to file their lien enforcement suit. Even in a situation where a claimant doesn't intend to pursue litigation, it can be helpful in improving a settlement offer or even achieving full payment.

Plus, there are always other options on the table for recovery. Threatening legal action - like breach of contract or unjust enrichment - can always help with recovery, much like threatening a mechanics lien claim. Further, for claims that are less than $10,000, small claims court might be an option - and a claimant can typically pursue an action in small claims court for far less money than traditional litigation, and cases go more quickly there, too. Plus, often, an attorney won't be required. For more information on small claims court, here's a helpful resource from the Illinois Attorney General: Things You Should Know About Small Claims Court.

For a little more information on other options outside of the mechanics lien process, here's another good resource: Other Options For Recovery.

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