I sent a notice of intent to lien for a public project in Illinois, and the GC I mailed it to is not signing the receipt. What do I need to do at this point?
1 reply
Feb 18, 2019
I'm sorry to hear about that - and that you went unpaid in the first place. While I'm not able to provide you advice on how to proceed, I can provide some information that should be help you to decide what next steps are most appropriate for your situation.
Under § 60/21(c) of the Illinois mechanics lien statute, which creates the requirement for an Illinois Notice of Intent to Lien, "notice by certified mail (with return receipt requested) is considered served at the time of its mailing." So, even where a recipient refuses to sign a return receipt signifying that a Notice of Intent to Lien has been received, it will still be effective.
Of course, it might be worthwhile to double check that the mail is being sent to the correct address. Where a Notice of Intent to Lien has been mailed to the wrong address, proof that the notice was mailed might not be effective to preserve the right to lien.
Further, even where effective notice has been sent to the right address, it's always safest to be sure that the appropriate recipients have gotten their hands on a Notice of Intent to Lien that was sent - so personally delivering the notice or attempting to serve the notice at some other known location might be prudent.
For more on Illinois lien law (and for a look at the lien statute), this resource should be helpful: Illinois Lien & Notice FAQs.