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What should I do about this bogus mechanic’s lien?

Illinois

I have paid invoices in his business name, however he put the mechanic’s lien in his name. He was paid. This is a bogus lien. What shall I do?

3 replies

Nov 16, 2022

You write that a contractor placed a lien on your property relating to work for which his company was already paid. However, there is no direct way to remove a "bogus" lien. You must force the contractor's hand. I explain below.

To compel the contractor to foreclose his lien claim, or lose it, you may file a demand pursuant to Section 34 of the Mechanics Lien Act. But, keep in mind that if he chooses to foreclose the lien then you must defend. In the ensuing mechanics lien foreclosure action you may show that his lien is false - which amounts to perjury - but that takes time and costs legal fees that you must cover. You may ask the Court for your fees and costs.

I hope the above information was helpful. Best of luck.

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Nov 16, 2022
Send a demand to sue under the statute. If a lawsuit is not filed within 30 days from date of the proper delivery of the demand, the lien is forfeited by law.
 
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Nov 21, 2022

Generally, you have two options: convince the contractor to remove the lien (usually via settlement/payment), or file a petition to adjudicate the lien in the local court. Depending on the complexity and amount at stake, you can handle the lien adjudication yourself, or hire an attorney.

Feel free to reach out if you want to discuss your options.

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