0
Yes, a mechanic's lien can be contested in Ohio, in fact, the opposite is actually, that the mechanic's lien is just a security interest that a person or company who has performed labor and/or supplied materials for the improvement of real property has taken, under color of statute (it's also included in the Ohio Constitution). The lien is an affidavit claiming that all in the lien is true. But that is just the start. A mechanic's lien actually has to be proved by the claimant.
The most common mistakes in a lien are the name of the owner (some case law says that this can be overcome), wrong first and/or last date of work, incorrect amount due, late filing or incorrect legal description. The last issue which if often overlooked is serving a copy of the lien on the owner within 30 days of the date it was filed with the county recorder. If it is a commercial or public project (completely different lien law for public projects) and a Notice of Commencement was filed, subcontractors and suppliers (not the prime contractor) have to properly and timely serve a notice of furnishing on the owner and possibly the contractor or they have no lien rights. If the project was a residential project, there may be a "paid in full" defense available to you, if the lien is by a subcontractor or supplier and, prior to the time you received actual service of the lien document you paid the "original" (prime) contractor in full. This does not work in every state and must be a project for a homeowner who lives in the property being liened.
If you believe that there are one or more of these problems, or others, with the lien, contact a local construction lawyer that deals with mechanic's liens to help you. Often a well-worded letter or telephone call from a lawyer can get the lien removed. If that doesn't work, you can serve a "Notice to Commence Suit" forcing the lien claimant to prove their lien by filing a lawsuit on the lien within 60 days or lose it. This can also be done in connection with a process to "bond-off" the lien, removing it from the title to the property and effectively substituting a mechanic's lien bond in its place.
In Ohio, mechanic's liens have relatively long lives, each one expires on the 6th anniversary of the date it was filed, so if the lien is older than that and no lawsuit has been filed the lien will still be on the record, but it will no longer be effective.
Check my website. I have a number of articles and videos on the topic of Ohio mechanic's liens.
Wiki User
∙ 11y ago
Add your answer:
Earn +20 pts
Is Ohio a title theory state?
Ohio is a Lien Theory State - see title.grabois.com
How do you file a mechanics lien in Illinois?
Try the link below for filing a mechanics lien in Illinois.
In the state of Colorado can an auto repair shop gain title to a car if owed money for repairs?
they can put a lien on your title,its called a mechanics lien
Can you charge interest on a mechanics lien?
Depends upon the wording of the law in your particular state but usually, no. The seized property itself is the collateral for the amount owed - and in most cases is (or should be) worth more than the amount of "mechanics" lien.
How can you have the title but there is still a lien against the car?
Could be a mechanics lien.
How do you do a mechanics lien?
any lien is challengable in superior court or small claims, depending on amount of lien.
If you buy a car with a lien on it will the lien come off?
NO! BANK LIEN-PAY IT OFF. MECHANICS LIEN-PAY IT OFF. autolienservice.com
In Minnesota does a mechanics lien supersede a first lien holder?
A first lien holder is usually the lender or mortgage holder. Mechanics or Construction Liens do not supercede any lien placed before them or mortgage recorded after the lien is filed. In Minnesota mechanics liens are only enforceable for one year after the last day of service. Any lien holder, regardless of where they are in priority, can file to enforce their lien at anytime during that one year period.
If a service station worked on your car but you never paid the entire bill can they repossess it even though they never owned it?
IF their paperwork is right for your state, YES. its called a Mechanics Lien or Workmans Lien.
Can you File Mechanics Lien for unpaid auto repairs in PA?
No, you need to file a repairmans lien.
How do you file a mechanics lien in Mississippi?
To file a mechanics lien in Mississippi one will need to go to the courthouse and file the paperwork. An attorney can be hired to file all the paperwork for you.
How can you enforce a mechanics lien?
Each state has their owns rules and regulations for a person to enforce a mechanics lien and take the vehicle. In almost every state, a court hearing is necessary to determine if the lien has met state requirements.
