I sent a 30 day notice to claimant, which will expire within 7 days. What recourse do I have if the claimant does not file law suit and does not release the lien within the 30 day period?
You ask what happens if a contractor fails to remove its Mechanics Lien claim within the time limit set for enforcement of a Section 34 Demand to File Suit.
Short Answer: the contractor loses its lien rights.
Longer Answer: if the offending contractor fails to remove its lien, then the owner may sue for quiet title, plus a penalty of $2,500.
I hope this information has been useful. Best of luck!
After you 30-day demand to file suit expires (which is a Section 34 Demand under the Illinois Mechanics Lien Act) and suit is not filed, you'll next send a Section 35 Demand, which obligates the contractor to release the lien within 10 days.
If the contractor does not comply, Section 35 of the Act allows you to file suit and obtain both your attorney fees incurred in getting the contractor to release the lien and a $2,500 statutory penalty.