I am trying to find out how I can enforce the lien on projects I have sent mechanics lien on?
1 reply
Jul 13, 2020
An Illinois mechanics lien will be valid for 2 years from completion of the work on the project. Before foreclosing an IL mechanics lien, a Notice of Intent to Lien should be sent to the property within 90 days of the last date of furnishing labor or materials to the project. This is usually enough to get the property owner's attention to deal with the payment problem. However, if payment isn't forthcoming, an enforcement action may be necessary to collect.
This involves filing an action to enforce the claim in the circuit court of the county where the property is located. The complaint will need to include (1) a summary of the terms of the contract, (2) the date the contract was executed, (3) the last date of furnishing labor or materials, (4) the unpaid amount, (5) property description of the improvement, (6) any other supporting evidence or documentation.
Keep in mind, his is a full, legal action. Furthermore, if the claim of lien was filed on behalf of a corporate entity, you will need to be represented by a local Illinois construction attorney.
We have a few Illinois attorneys in our Expert Center Community that you can reach out to personally for more guidance.
Here are some additional resources you may find helpful: