Ohio mechanics lien

4 months ago

I was under belief that in OH, you have to file:
Affidavit for mechanic’s lien
sue for judgement
then file lien

Was I misinformed?

Chief Legal Officer Levelset
91 reviews

Generally, the mechanics lien process in Ohio requires the following (depending on the claimant’s role):

  1. Notice of Furnishing – if a notice of commencement was filed on the project, subcontractors or material suppliers must provide a “notice of furnishing” within 21 days of first furnishing labor or materials – or 21 days from the filing of a notice of commencement, if the notice of commencement is filed late.
  2. Affidavit for Mechanics Lien – All parties must file an “affidavit for mechanics lien” (mechanics lien document) in the office of the county recorder in the counties in which the improved property is located.
  3. Action to Enforce Lien (Complaint for Money and Foreclosure on Mechanics Lien) – Once the lien has been filed, the claimant must eventually file an action to enforce the lien or the lien will become unenforceable. Generally, the deadline to enforce the lien is 6 years from the date on which the lien was filed, however, that deadline can be shortened to 60 days from the owner’s filing a “notice to commence suit.”

If the lien has been filed and paid, or extinguished by the court, the claimant must release the lien claim. It is true that an “affidavit of lien” must be filed, and served on the property owner, and an action to enforce the lien must be initiated.

Outside of a mechanics lien, there are other liens that may be filed. One such lien is a “judgment lien.” A judgment lien can be obtained by a party (judgment creditor) who has received a court judgment against a defendant (judgment debtor). The creditor may file the judgment in the county records of the counties in which the debtor has property in order to obtain a lien against that property for the satisfaction of the debt.

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