We last provided materials on Feb 26, and the lien deadline is showing 90 days from last material delivery (May 26). Is there any leniency on this deadline? Do we have any other options?
1 reply
Jun 4, 2020
The 90-day Indiana mechanics lien deadline is a hard deadline (60-day for residential projects). Once this time period has passed, you will no longer be able to file your mechanics lien.
If you've missed your deadline to file, there are still other options available to you. The most notable being a lawsuit for breach of contract or unjust enrichment. Also, depending on the amount in dispute, you may bring these in small claims court. The limit for Indiana small claims court is limited to $6,000 or less. (Marion County $8,000 or less). You can also start sending payment demand letters or hiring a debt collection agency. These options are fleshed out in this article: Can't File a Lien? Here Are Some Other Options for Recovery