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What do i do if Claimant does not file a law suit and release the lean after 30 day notice?

IllinoisMechanics Lien

I sent a 30 day notice to claimant, which will expire within 7 days. What recourse do I have if the claimant does not file law suit and does not release the lien within the 30 day period?

4 replies

Oct 4, 2021

You ask what happens if a contractor fails to remove its Mechanics Lien claim within the time limit set for enforcement of a Section 34 Demand to File Suit

Short Answer: the contractor loses its lien rights.

Longer Answer: if the offending contractor fails to remove its lien, then the owner may sue for quiet title, plus a penalty of $2,500.

I hope this information has been useful. Best of luck!

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Oct 5, 2021

After you 30-day demand to file suit expires (which is a Section 34 Demand under the Illinois Mechanics Lien Act) and suit is not filed, you'll next send a Section 35 Demand, which obligates the contractor to release the lien within 10 days. 

If the contractor does not comply, Section 35 of the Act allows you to file suit and obtain both your attorney fees incurred in getting the contractor to release the lien and a $2,500 statutory penalty.

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Oct 6, 2021
Demand a release pursuant to Section 35 of the Lien Act. Then file suit under Section 35 if the lien is not released in 10 days.
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Oct 6, 2021
You can file a lawsuit to quiet title. You can also present your demand to sue with prof of proper service on the lien claimant to your title insurance company and ask them for an endorsement over the lien.
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