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Mechanic lien

Hello my husband has a company and he was hired as a sub contractor for a commercial building stucco job. They did not pay him should we fill a preliminary notice or just the lien.

3 replies

Sep 4, 2020

Yes, it is likely you can file both a preliminary notice and mechanics lien to prompt payment. Illinois is relatively liberal about who has the right to file a lien considering most parties who provide any labor or services are entitled to file a mechanics lien. Please note that contractors are required to provide a written sworn statement to the owner. This statement should include the names and addresses of any party furnishing labor or materials to the project. The statement should set out the amount due or that will become due to each party. Failure to provide this sworn statement to the owner could result in a loss of lien rights. Although Illinois doesn't require "preliminary notice" there is a requirement to send a Notice of Intent to Lien before you can file your claim. Anyone that didn't directly contract with property owner must send this notice to preserve their right to lien. The notice should be sent by certified mail, with a return receipt requested within 90 days of the last date of furnishing labor or materials to the project. A notice is required if working on a single-family, owner-occupied residential project. The notice should be sent by parties without direct contact with property owner within 60 days of starting work. A notice of intent to lien will still be required 90 days after the last date of furnishing. If you intend to file a valid mechanics lien in Illinois you must ensure that you have the proper form, which depends on who you contracted with. You can find additional information on how to file a mechanics lien in Illinois here: Illinois Mechanics Lien Guide and FAQs

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Sep 5, 2020

Prepare and serve the Notice of Intent within 90 days of last date of work and then prepare and record the lien.

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Sep 5, 2020

I just need help can I file a fucking mechanics lien on a car that I worked on whether I have a signed receipt or I don’t yes or a no I don’t have anything signed so if I don’t have any sign it either yes or no can I file or not

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