This Application for Mechanic's and Materialman's Lien form is for use by a lienor to apply for a mechanic's and materialman's lien based on the facts set forth in the Notice of Lien on described property for described improvements in a certain amount or a reasonable amount to be proven to the court, plus interest, together with attorney's fees, and court costs, and such other relief as the court deems just and proper. The application provides the names of the parties to the contract for the described improvements, the name of the general contractor, the name of the owner(s) of the property, and any other person with an interest.
Hawaii Application for Mechanic's and Materialman's Lien
Category:
State:
Hawaii
Control #:
HI-01-09
Format:
Word;
Rich Text
Instant download
Description
How to fill out Hawaii Application For Mechanic's And Materialman's Lien?
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FAQ
While they don't require lien filings to be notarized, they do require a lien filer to jump through various other hoops that, if not done properly, might cause your filing to be rejected or invalidated: Delaware.
A statutory lien that exists to secure payment for services, labor, and material related to improvements performed on real property.State statutes creating mechanics' liens vary from state to state. These statutes provide for the criteria and circumstances required for a mechanic's lien to be deemed a super lien.
In Hawaii, all lien claimants must initiate the enforcement of the lien within 3 months from the date on which the lien attached. 3 10 days after the lien is filed, a court will determine if probable cause exists for the lien. If probable cause is found, the lien attaches on that date.
Who you are. The services or materials you provided. The last date you provided the services or materials. How much payment should be. The date on which you will file a lien if you do not receive payment. How the debtor should pay.
Hawaii's Mechanic's and Materialman's Lien statute provides for such remedy. Any person claiming a mechanic's or materialman's lien is required to apply to the circuit court where the property is situated. Such person must submit an Application For a Lien together with a written Notice of Lien.
While it's unlikely that just anyone can put a lien on your home or land, it's not unheard of for a court decision or a settlement to result in a lien being placed against a property.
Note that, since Hawaii mechanics liens must be filed in the circuit court of the circuit where the property is situated, it requires both an Application for Lien , and a Notice of Lien which sets forth the alleged facts by virtue of which the person claims a lien. However, the Application and Notice both must be
Even though these states may permit project participants to secure lien rights and claim a mechanics lien even without a written contract, it is generally best practice to have a signed written contract for work provided.
