A Mechanic's Lien is the right of a craftsman, laborer, supplier, architect or other person who has worked upon improvements on a particular parcel of real estate to place a lien on that real property for the value of the services and/or materials if not paid. The lien is used to enforce payment in order to clear the title to the property, because property with a lien on it cannot be easily sold until the lien is satisfied/paid off.
Placing a Mechanic's lien In some states, a claim must be filed in the county clerk's office or a suit brought within a certain period of limited time. On the sale of the building these liens are to be paid pro rata (a share to be received or an amount to be paid based on the fractional share of ownership). In some states no lien is created unless the work done or the goods furnished amount to a certain specified sum, while in other states there is no limit to the amount.
A number of technical laws surround mechanic's liens, including requirements of prompt written notice to the owner of the property and the amount still owed (even prior to the general contractor being late in making payment), in some states there are limits on the amount collectable, and various time limitations to enforce the lien. The enforcement of the mechanic's lien is accomplished by filing a lawsuit to foreclose the lien and have the property sold in order to be paid.
Property owners should make sure that their general contractors pay their employees or sub-contractors to avoid a mechanic's lien, since the owner could be forced to pay the debts of a general contractor even though the owner has already paid the contractor. If the worker or supplier does not sue to enforce the mechanic's lien, he/she may still sue for the debt.
How To Get a Mechanic's Lien ReleasedIf a mechanic's lien has been filed against you, you have a few options:
A lawyer can also help you draft a contract that anticipates and protects against challenges, prior to a lien being placed on the property. However, if someone has already attached a mechanic's lien to your property, an attorney can assist you through the procedures to ensure your property will not be sold, to develop defenses if you are taken to court, and to file a release if the mechanic's lien remains in your title chain.
Disclaimer: This article is a guideline and is not legal advice - No information here is warranted or guaranteed fro any purpose; as laws vary from state to state, it is not intended to be an all inclusive discussion of the law applicable to any action in your state. Please consult with a legal professional when appropriate - if you are charged with a crime, contact a criminal defense attorney.
Try the link below for filing a mechanics lien in Illinois.
Could be a mechanics lien.
any lien is challengable in superior court or small claims, depending on amount of lien.
NO! BANK LIEN-PAY IT OFF. MECHANICS LIEN-PAY IT OFF. autolienservice.com
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.
No, you need to file a repairmans lien.
Go to the DMV (Department of Motor Vehicles) and have them run a lien check on the vehicle. WHAT DO YOU MEAN; BANK LIEN OR MECHANICS LIEN? autolienservice.com
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.
Yes. You can file a lawsuit to challenge the lien or you can wait for the claimant to sue to enforce the lien and challenge it then.
YES IF you signed a payment agreementThey have to file a Mechanics lien if they do not have a signed agreement.
Involuntary. "a mechanic's lien is an involuntary, statutory, special lien, whereas a mortgage is a voluntary, equitable, special lien." source: http://www.realtown.com/words/lien ---------------------- Your welcome :)
AnswerPay off the lien holder and they wil sign a relase, putting the vehicle in the free and clear. It depends on the type of lien. Lender's lien or mechanics lien.autolienservice.com