Pursuant to 770 ILCS 60/34, this form may be used by a corporate or LLC owner to demand that a person who has a lien claim either commence a suit or file an answer in a pending suit within thirty (30) days of service.
Chicago Illinois Owner's Demand to File Suit - Mechanics Liens - Corporation or LLC
Category:
State:
Illinois
City:
Chicago
Control #:
IL-08A-09
Format:
Word;
Rich Text
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How to fill out Illinois Owner's Demand To File Suit - Mechanics Liens - Corporation Or LLC?
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FAQ
A lien is the right to keep their property until they repay their debt. You do this by filing a record of the judgment with the recorder of deeds in your county. This creates the lien, which applies to all property owned by the judgment debtor in that county. The document you file is called a Memorandum of Judgment.
Lien Deadline Summary Record the claim for lien with the county recorder within 4 months of the last date of furnishing. Send copy of recorded lien to the owner if the work was done on a single family owner occupied residence. File a lawsuit suit to enforce lien within 2 years of the last date of furnishing.
1. Who May Have A Lien? Private: Every contractor or subcontractor who has furnished or is furnishing labor, materials, services, fixtures, apparatus or machinery, or forms or form work to the owner, general, or sub.
1) There is Some Tension about Who Qualifies to File a Mechanics Lien in Illinois. Both original contractors (contractors in direct contract with the property owner such ? as architects, engineers, construction managers, and laborers) and sub-contractors have the right to file a mechanics lien in Illinois.
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.
In Illinois, a mechanics lien must be filed within 4 months after completion of work to be effective against subsequent property owners. If the lien is filed after 4 months but before 2 years after completion of work, it will still be effective against the original owner.
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.
In Utah, an action to enforce a mechanics lien (both pre-construction or construction) must be initiated within 180 days of the date on which the Notice of Lien was filed.
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.