Iowa Construction or Mechanics Lien Questionnaire

State:
Multi-State
Control #:
US-Q1008
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a construction lien/mechanics lien matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Generally, every person who contracted with the owner, owner- builder, general contractor, or subcontractor to furnish materials or labor for, or performed any labor upon, any building or land for improvement, alteration, or repair has a right to post a lien on such building or improvement.

About Iowa Notice of Intent to Lien Form No one wants to be forced to file a mechanics lien, and this document gives all of the parties involved one final chance to take care of the payment issues on a project. This form advises the party that a lien will be filed if payment is not received within 10 days.

Iowa judgment liens are created automatically when a judgment is entered on a debtor's property in the county the judgment is entered. For property located outside of that area, the creditor will need to go to the county where the property is located and file the judgment with that county court.

If you challenge the lien, you can also bring a claim for money against the contractor, if you believe the contractor owes you any money damages. Another way to get the lien off of the property is to make a "demand for bringing suit." This is a demand that the contractor enforce the lien.

A judgment lien attaching to the real estate of a city may be discharged at any time by the city filing with the clerk of the district court in which the judgment was entered a bond in the amount for which the judgment was entered, including court costs and accruing interest, with surety or sureties to be approved by ...

PREPARING THE IOWA MECHANICS LIEN Every mechanics lien typically must contain the owner's name, a general description of the property and location, the name of the hiring party, the first and last date of work a description of the work performed, and the amount of money owed.

Filing deadlines In Iowa, the deadline to file a mechanics lien is 90 days from the last furnishing of labor or materials to the project. However, unlike most states, a potential lien claimant in Iowa is allowed to file a lien after the 90 day period, provided notice is served to the owner.

The statute of limitations for small claims judgments for execution purposes is twenty years, and liens on those judgments exist for ten years. See Iowa Code sections 614.1(6), 624.23(1), 626.2 and 631.12. However, a judgment can be renewed by filing a new action.

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Iowa Construction or Mechanics Lien Questionnaire