What Must I Do to File a Mechanic's Lien?
The filing requirements for a mechanic's lien vary greatly from state to state. However,there are some aspects that are common to all. - Default: A payment default by the property owner must occur first.
- Preliminary notice: The lien claimant must provide the property owner with written notice of the lien within a statutory period. The notice must include:
- Lien claimant's name and address
- Name of the person who contracted for the labor/services (i.e., property owner)
- General description of the labor/services rendered and the estimated total price of the job
- Description that identifies the work site
- Claim of Lien: A claim of lien is a written statement that is signed and verified by the lien claimant and includes the same information as that provided in the preliminary notice. It must be recorded with the county recorder's office in which the relevant property is located. The recording period is defined by statute.
- Action to Foreclose: A foreclosure action for a mechanic's lien is similar to a foreclosure on a mortgage. It is a lawsuit that is brought to force the sale of property to satisfy the labor/services debt. This action must also be filed within a statutory period.
Do I Need a Lawyer for My Mechanic's Lien Issue?The laws governing mechanic's liens vary by state. A lawyer familiar withyour state's construction and civil procedure laws can help you satisfy theprocedural and time requirements for filing your mechanic's lien. |
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