How can I enforce the lien? Thank you H. Casey Chicago
As a starting point, we are working with precious little information here. We would need to know a lot more to really get you the assistance you’re looking for – and so we need to qualify this response by saying that this is not specific legal advice and we recommend that you obtain counsel for this specific matter.
However, we can offer some basic pointers here.
We’re assuming you’re a general contractor (that is, you have a direct contract with the owner, or one authorized by the owner) or subcontractor (that is, you have a contract with a general contractor or another subcontractor). And we are assuming you have done work on a property that is located in Illinois.
Performing work (in specific categories as defined by statute) on properties located in Illinois creates a right to a lien on the property under the Illinois Mechanics Lien Act (770 ILCS 60, et seq., the “Act”).
You brought up the idea of “enforcement” of the lien claim. Eventually that occurs, but before that we like to say that you “perfect” the lien claim. There are many specific boxes to check when going about perfecting a lien claim, and you will be best served to consult an attorney who practices mechanics lien law in Illinois. The next paragraph should show you why you need an attorney here.
By operation of the Act, if you perform the type of work described in the Act, and you are not paid for your work – and very, very importantly, if you follow the Act’s language (and also understand how various Supreme Court and Appellate Court decisions factor in) – you may be able to recoup your payment through, among other remedies, foreclosure and sale of the property you worked on.
Consulting an attorney at once is essential to perfecting your rights, as the Act has many time constraints. A qualified Illinois mechanics lien attorney can help you get through these pitfalls and get the money you may be owed.