intent to lien form, what constitutes notification?

7 months ago

I have a customer who I sent a certified letter with return notice to that contains an intent to lien notice, but they either refused delivery, or didn’t accept the post office attempt at delivery, can I still proceed with the lien, since attempt to deliver was made, Im located in Wisconsin

Legal Associate Levelset
116 reviews

The Wisconsin Notice of Intent to Lien is regulated under W.S.A. §779.06. The relevant portion of the statute reads

(2) No lien claim may be filed or action brought thereon unless, at least 30 days before timely filing of the lien claim, the lien claimant serves on the owner a written notice of intent to file a lien claim. 

The only other applicable provisions state that a Notice of Intent must be sent with return receipt requested. There is no requirement that service be actually proven by return receipt. Wisconsin courts have even gone so far as to explicitly deal with this issue. Accordingly, a Wisconsin Notice to Intent to Lien is considered served when mailed by the proper methods.

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Disclaimer: Disclaimer: NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such. Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.
Attorney & Shareholder Hurtado Zimmerman SC
1 review

The statute under Wis. Stat. 779.01(2)(e) provides that “serve” means “delivery by registered or certified mail, services in a manner described for a summons under s. 801.014, or any other means of delivery in which the recipient makes written confirmation of the delivery”.

The decision cited in Torke/Wirth/Pujara, was decided prior to revision of the statute to include the requirement of “delivery” by registered mail.

As a result, I would caution that failure to secure delivery by registered mail, may not be sufficient to qualify for service under the statute. To ensure your lien is not invalid for lack of service, I would recommend that you secure service through other methods.

 

Brian Zimmerman

Hurtado Zimmerman SC

1011 N Mayfair Road, Suite 204

414-727-6250

bzimmerman@hzattys.com

 

 

1 found this helpful
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Anonymous

Brian

So if I hand deliver the Intent to lien form, would this constitute “service/served”?

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