How do you file a personal lien in Ohio?

Answer 1

Some people will have you believe that Ohio Mechanic's liens are relatively easy to do. The answer is that they really aren't that easy. They are far more complex than merely "filling out a form." The statute, ORC 1311.01 has separate sections for private "commercial" projects, public projects, residential projects and oil and gas wells. In addition, there are hundreds of court opinions interpreting the statute, some of which conflict from county to county. Assuming that the project was not residential, gas and oil or public and there is no enforceable prohibition from filing a lien in the contract, the procedure is as follows:

1. Before you start work on the project, obtain the Notice of Commencement, if one was filed and serve your notice of furnishing on all required parties (this will be the project "owner" if you are not an original contractor and if you are a subcontractor or supplier not in direct contract with the original contractor, you will also have to serve the original contractor).
2. Within 75 days of your last work on the project (be careful if you are considering punchlist as your last day of work, because there are some prohibitions to consider) (60 days on a "residential" project--subject to a possible paid in full defense, 120 days on a public project or oil and gas well) file your affidavit for lien with the county recorder or recorders (if the project crossed county lines, yes some actually do) for the county or counties where the project is located.
3. Within 30 days after you filed the lien, serve it on the project owner (for example, this could be the property owner or a lessee) (this is important and forgotten by people who don't regularly file Ohio mechanic's liens--forgetting to do this will make your lien void)
4. Hopefully, you will be paid what you are owed and you will have to release or satisfy the lien.
5. If you don't get paid, your lien will last until the 6th anniversary of the date you filed it. If you haven't filed a lawsuit to foreclose the lien by then, it will expire. Ohio mechanic's liens cannot be renewed or revived.

Mechanic's liens really are very technical and even the smallest defect can cost you the lien. If you need to file a mechanic's lien in Ohio (or any state for that matter) please contact a construction lawyer who understands mechanic's liens. For more information, check my website, I have several articles and videos about your mechanic's lien right.

Answer 2

You go to court and get a judgment against the person. Then you can file a lien against their property.