A subcontractor who provides labor and/or material for the alteration and repair of property is required to provide the owner with a Preliminary Notice of Intent to Claim Lien. However, regardless of whether the subcontractor is required to provide a preliminary notice, a subcontractor is ALSO required to provide the property owner with a Formal Notice of Intention to Claim Lien. A Formal Notice must be provided at least thirty (30) days before a lien claim is filed and must be served on the property owner in person, or on his agent, or by first class, registered or certified mail.
Pennsylvania Formal Notice of Intent to File Lien by Individual
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State:
Pennsylvania
Control #:
PA-02-09
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Word;
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Description
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Key Concepts & Definitions
Formal Notice of Intent to File Lien by Individual is a legal document that an individual sends to notify a debtor or property owner of their intention to place a lien on property due to non-payment of funds owed. A lien gives the lienholder a legal claim to the property as security for the debt owed to them.
Step-by-Step Guide
- Review State Laws: Understand and comply with the specific lien laws relevant to your state as they can vary significantly.
- Documentation of Claim: Gather all necessary documentation that supports your claim, including contracts, invoices, and any communication that demonstrates the debtor's obligation.
- Prepare the Notice: Draft the formal notice of intent to file a lien, ensuring it includes all legally required information such as the amount due, a description of the services provided, and a clear statement of intent to lien if not settled.
- Send the Notice: Send the notice via certified mail or another method that provides proof of delivery, ensuring the debtor receives it within the timeline set by state law.
- File the Lien: If no resolution is reached, proceed to file the lien with the appropriate local county office before the deadline expires.
Risk Analysis
- Legal Risks: Incorrectly filing a lien, or filing it based on unsupportive claims, can lead to legal actions against you, including penalties.
- Financial Risks: There are costs associated with preparing and filing a lien, which might not be recuperated if the lien is challenged or dismissed.
- Relationship Risks: Filing a lien can sour business relationships and affect your reputation in the industry.
Key Takeaways
- Ensure compliance with state-specific lien laws to prevent legal repercussions.
- Accurate documentation is crucial for supporting your lien claim.
- Understand the potential risks involved with filing a lien, including legal, financial, and relational impacts.
Best Practices
- Timely Action: Act quickly to send notice and file the lien within the legal timeframe.
- Detailed Records: Keep detailed and organized records of all transactions and communications with the debtor.
- Legal Advice: Consult with a legal professional experienced in lien laws to ensure all actions are correctly executed.
Common Mistakes & How to Avoid Them
- Failing to Notify: Always send a formal notice of intent before filing a lien to give the debtor a chance to settle the debt.
- Ignoring Timelines: Missing deadlines can invalidate your lien claim. Always monitor and adhere to state-specific timelines.
- Lack of Documentation: Always have complete and thorough documentation to support your claim. Inaccurate or incomplete records can weaken your position.
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FAQ
2. States where the lien law doesn't require a written contract. In these states, contractors and suppliers are generally allowed to file a lien even if they don't have a written contract.These states typically permit parties with verbal, oral, or even implied contracts to claim lien rights.
First of all, you can sue your contractor for breach of contract, even without a written contract, and she can sue you as well.See Nolo's article, "Breach of Contract Cases in Small Claims Court," for more on this. However, an alleged oral contract does create difficult evidentiary questions for the judge.
In addition to seizing bank accounts, you can also have the sheriff levy and sell personal assets of the debtor to collect a judgment in Pennsylvania. Personal assets can include furniture, tv's, jewelry, guns and firearms, other valuables or antiques. Typically, you cannot seize retirement accounts or pensions.
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.
If you want to place a lien on a commercial rental property and you are not the landlord, you may need to put a lien on the property by filing with the court of record in the jurisdiction where the property is actually located.
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 entry of judgment in Pennsylvania acts as a lien on all real property of the judgment debtor in the county in which the judgment has been entered. In Pennsylvania, a judgment lien is fully effective for five years, and is governed by the five year statute of limitations.
Fill out the Pennsylvania mechanics lien form. Fill out the PA lien form completely and accurately. File your lien claim with the county recorder. Serve a copy of the lien on the property owner.
Those who have the right to file a mechanic's lien in Pennsylvania are limited to second-tier subs and suppliers who have a claim of at least $500. In other words, anyone who contracted directly with the property owner, the prime contractor, or a subcontractor hired by the prime contractor are eligible for lien rights.