770 ILCS 60/24. This form is for an individual subcontractor to give his notice to the owner of record or his agent or architect or the superintendent in charge of the building or improvement.
Illinois Subcontractor's Lien - Notice of Claim - Mechanic Liens - Individual
Category:
State:
Illinois
Control #:
IL-07-09
Format:
Word;
Rich Text
Instant download
Description
Definition and meaning
The Illinois Subcontractor's Lien - Notice of Claim is a legal document that allows subcontractors to assert a lien against a property for unpaid services or materials. This form is utilized when a subcontractor has not received payment for work performed or materials supplied, thus seeking to secure their right to payment through a lien on the property where the work was done.
How to complete a form
Completing the Illinois Subcontractor's Lien - Notice of Claim requires several key steps:
- Provide the claimant's full name and contact information.
- Identify the legal owner(s) of the property and their agent, if applicable.
- Detail the property’s legal description along with the Permanent Real Estate Index Number.
- Specify the contract date, the sum owed, and the completion date of the work.
- Include any necessary documentation to support the claim.
Make sure all sections are accurately filled before submission.
Who should use this form
This form is intended for subcontractors who have provided labor or materials for a property but have not been compensated. It is particularly relevant for individuals engaged in construction or improvement projects in Illinois and facing payment disputes.
Legal use and context
The Illinois Subcontractor's Lien - Notice of Claim is governed by the Mechanics Lien Act of Illinois, which provides subcontractors with the right to file a claim for lien against the property. This form is legally binding and must be filed within a specified timeframe after the work is completed to ensure the subcontractor’s rights are protected.
Key components of the form
The main components of the Illinois Subcontractor's Lien - Notice of Claim include:
- Claimant Information: Details of the subcontractor filing the claim.
- Property Information: Legal description, ownership details, and agent information.
- Contract Details: Dates, nature of work, and the total amount due.
- Sworn Declaration: A statement attesting to the truth of the claim.
Accurate and complete information in these sections is crucial for the form's validity.
Common mistakes to avoid when using this form
When filling out the Illinois Subcontractor's Lien - Notice of Claim, it is important to avoid these common mistakes:
- Failing to provide complete contact information for all parties involved.
- Neglecting to accurately describe the property and its legal ownership.
- Omitting the completion date or amount owed.
- Not obtaining necessary signatures, including notarization if required.
Reviewing the form carefully before submission can help prevent these errors.
What documents you may need alongside this one
When filing the Illinois Subcontractor's Lien - Notice of Claim, you may need to include additional documents such as:
- Copies of contracts or agreements related to the work performed.
- Invoices or payment records demonstrating what is owed.
- Any correspondence regarding payment disputes.
Attaching these documents can strengthen your claim and expedite the process.
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FAQ
Under Illinois law, any mechanics lien should be filed in the County Recorder of Deeds where the property being liened is located. This is crucial as the lien must be filed not only in the correct county but the correct office as well. The fees and specific document formatting vary depending on your county.
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.
The deadline for contractors and subcontractors to file their statement of mechanic's lien is four months (not 120 days) from the last date of work (exclusive of warranty work or other work performed free of charge), or from the last date that materials were supplied to the project.
WHAT MUST I DO BEFORE I FILE MY LIEN? Usually there is at least one notice that you must mail before you can file your lien. These notices are sometimes called notices of intent to file lien. Illinois Document Preparation fee of $165 includes all required notices of intent.
If you're claiming a lien on real property, it must be filed in the recorder's office of the county where the property is located. Expect to pay a filing fee between $25 and $50 depending on the location where you file.
Mechanic's liens create a cloud on title, meaning that they appear in public property records. Liens are sometimes said to travel with the land, meaning that anyone who buys your house would take the property subject to the contractor's lien (or, more likely, demand that you pay it off first).
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.
In order to enforce a lien, the contractor, subcontractor or supplier must file a lawsuit. The deadline to file a lawsuit is two years from the last date work was performed or materials were supplied. A recorded lien is valid for these two years, but a failure to sue within that time frame voids the lien.
Under Illinois law, any mechanics lien should be filed in the County Recorder of Deeds where the property being liened is located. This is crucial as the lien must be filed not only in the correct county but the correct office as well. The fees and specific document formatting vary depending on your county.