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I am an attorney in Cleveland, Ohio, so I am speaking from the perspective on Ohio laws. There are some passive and some aggressive ways to contest a Mechanic's Lien. First the aggressive ways. You can force the hand of the lien claimant by either serving them with a notice to commence suit or by filing a lawsuit yourself for declaratory judgment. The declaratory judgment is fairly uncommon for this purpose, I have seen it done once since I have started practice in 1984. The Mechanic's Lien statute offers the project owner only one strong way to contest the lien. That is by forcing the lien claimant to either file a foreclosure action on the lien within 60 days of the date that they were served with the notice or lose its lien rights. The problem with serving a notice to commence suit is that you may get what you asked for. Don't ask unless you are prepared for it. Even if the lien is a bad lien, you will still have to defend yourself in court and try to prove the lien bad. Again in Ohio, if you are a homeowner and the lien is against your residence, you also have a paid in full defense (this defense is not available in commercial projects). You can give notice of payment in full under the statute and turn the statute against the lien claimant as, if they do not release the lien and you prove in court that you are right about payment in full, the lien claimant will be responsible for all of your resulting damamges, including attorneys fees. I have attached some articles that I wrote for the Builders Exchange Magazine that you might find interesting.
What else can I help you with?
How do you file a mechanics lien in Illinois?
Try the link below for filing a mechanics lien in Illinois.
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.
Can you File Mechanics Lien for unpaid auto repairs in PA?
No, you need to file a repairmans lien.
How do you find out who has a lien on your vehicle?
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
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.
Can you dispute a mechanics lien on your property in Arkansas?
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.
Can the auto repair shop repo my car for unpaid repairs if they do not file a mechanics lien in tx?
YES IF you signed a payment agreementThey have to file a Mechanics lien if they do not have a signed agreement.
How does one have a wrongful child support lien removed?
File an appeal with the agency that placed the lien (the time limit to file such an appeal is usually fairly short).
Is a mechanics lien voluntary or involuntary?
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 :)
