Home>Levelset Community>Legal Help>How would I go about filing a lien on a property we worked on and have not been paid for? We worked through a company putting all new siding on a residential property.
How would I go about filing a lien on a property we worked on and have not been paid for? We worked through a company putting all new siding on a residential property.
How would I go about filing a lien on a property we worked on and have not been paid for? We worked through a company putting all new siding on a residential property.
1 reply
Jul 5, 2019
That's a great question! Before getting too far along, I should mention that Levelset has a great article on this topic: How to File a Mechanics Lien in Indiana. That post has some great specific details on how to file an Indiana lien. Still, let's look at some specific considerations below.
In Indiana, it appears that unpaid employees are entitled to mechanics lien rights. Under § 32-28-3-9 of the Illinois mechanics lien statute, lien rights are available to subcontractors, equipment lessors, journeymen, and laborers who are employed and contribute to the permanent improvement in the project property. Note, though, that when working on owner-occupied residential projects (as opposed something like commercial or rental properties), a claimant may need to send a preliminary notice in order to preserve their right to lien. More on that, here: Indiana Mechanics Lien Law: Preliminary Notice Requirements.
Finally, note that regardless of whether a mechanics lien can or will be filed, sending a document like a Notice of Intent to Lien before actually proceeding with a lien filing can work wonders. Often, would-be lien claimants are able to recover payment without actually having to deal with the cost and headache of a lien filing. Plus, even if a Notice of Intent to Lien is unsuccessful, a claimant may still be able to proceed with their lien claim, anyway. More on that here: What is a Notice of Intent to Lien?