I live in Illinois , I have a client that owes me money . If i file a lien on the property can i recover the fees .
1 reply
Jan 9, 2019
That's a good question. First, it's worth noting that there's always a risk in adding amounts that don't tie directly to the improvement of property to a lien claim. Generally, mechanics liens are tied to the improvement of property - so including amounts that don't directly tie to that improvement can be risky, and might even accidentally result in an invalid or even fraudulent claim. Still, some states are more strict than others when it comes to what may be included in a lien claim. The Illinois lien statute is actually not particularly clear as to whether lien filing fees may be included in a lien claim. However, the fees associated with filing a mechanics lien are typically marginal compared to the debt owed, and risking the validity of an entire lien claim to recovery filing fees might not be worth the risk. In either case - it's worth noting that mechanics liens typically do not make it to the inside of a courtroom. Rather, they're more commonly resolved by an agreement between the parties. Thus, when negotiating for the release of a lien claim, a claimant could still demand that the property owner or contractor making payment also cover the cost of any fees - regardless of whether those amounts are included in filing the lien. On the other side of the coin, if the lien does result in some legal action, often, a successful claimant will be granted attorney fees and filing fees as part of a judgment.