Pursuant to 770 ILCS 60/22, this form may be used as a response to the written request of an owner or contractor or either's agent with a statement of the persons furnishing material and labor, giving their names and how much, if anything, is due or to become due to each of them.
Cook Illinois Subcontractor's Verified Statement - Mechanic Liens - Individual
Category:
State:
Illinois
County:
Cook
Control #:
IL-06-09
Format:
Word;
Rich Text
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How to fill out Illinois Subcontractor's Verified Statement - Mechanic Liens - Individual?
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FAQ
Mechanics Liens in Illinois are governed by the Illinois Mechanics LIen Act (770 ILCS 60/0.01, et seq.). The purpose of the Mechanics Lien Act is to ensure that contractors and subcontractors who provide labor, materials, fixtures, or machinery to improve real estate receive payment for their services and materials.
After you file Mechanics liens are valid for 2 years after filing in Illinois. This means that, unless you extend the lien, you have 2 years to enforce your lien. Another option is to present the owner with a Notice of Intent to Foreclose if you wish to avoid the complex foreclosure procedures.
If contractors and suppliers don't get paid on a construction project in Illinois, they can file a mechanics lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property.
Who can file an Illinois mechanics' lien Claim? Contractors, as well as subcontractors and material suppliers can file an Illinois construction lien. If a company does not have a contract with the owner or with the contractor, they are not eligible to file an Illinois mechanics lien claim.
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. It will expire, and with it, the right to sue.
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.
When a lien has expired, it should either be automatically dissolved, or an owner should be able to remove the lien without an extensive, drawn-out process. Something as simple as a mere filing by the property owner (with notice to the lienor) should be possible to discharge a lien.
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 are seeking to remove a lien from a vehicle, the lender will typically send the release of lien once the loan is paid in full. It can take up to thirty days to receive the title and the lien release after the final payment.