Did The Work But Haven't Been Paid? File A Claim Of Lien To Make Sure You Do
Every claim of lien should have been signed, dated and notarized and recorded within
ninety days from the date that the work had been completed or furnishing of supplies. The proof of service of notice of furnishing should also be filed along with the claim of lien. In addition, the proof of service of claim of lien needs to be prepared in order to provide evidence that all the concerned parties have been properly served a copy of the claim of lien.
In addition, the person, sub-contractor, supplier or laborer filing the claim of lien must, within 15 days of filing the claim, present to the homeowner or person(s) designated in the Notice of Commencement, the claim of lien's copy. In case there has not been recorded a lawsuit within one year of filing the claim of lien, the owner of the property or the agent of the concerned person may ask for an affidavit from the county clerk, which would state that legal measures had not been started as is required by the laws. And, this affidavit should then be filed with the Registrar of Deeds to annul the expired claim of lien.
A notice of furnishing gives proof that a person, supplier, sub-contractor or laborer has supplied labor or materials for a construction project and this should be done within 20 days from the date when the goods or services were first delivered. In case of laborers, the notice of furnishing should have been sent within 30 days after the wages become due to the laborer. There are exceptions to this rule, especially when a labor union representative files for unpaid fringe benefits accruing to a group of workers.
The proof of service of notice of furnishing is a form that has to be notarized to verify that the notice of furnishing had been sent to the contractor, other responsible party or owner, as the case may be. When a claim of lien is filed later, it is this document that is necessary to ascertain the plaintiff's lien rights. In addition, the proof of service of notice of furnishing needs to have been filed at the county Registrar of Deeds and should accompany the claim of lien.
It cannot be overemphasized that the claim of lien has to be properly prepared and be recorded well within the time frame set by regulations governing the claim of liens. Besides, the person claiming the lien should have made reasonable efforts to give notice pertaining to the lien to the owners of the property as well as to all those who have vested interests in the property. Merely recording a claim of lien for debts owed within the time frame and proper recording cannot always be deemed to be enough to make the lien enforceable. The person or entity claiming the lien may also need to be registered or licensed with the state regulatory agencies, in addition to providing notice both prior to and after the claim of lien has been recorded.
Making the claim of lien requires a detailed study as there are many different types of claims of liens available and getting protection requires that there should not be any delay in filing the claim of lien and this may entail getting expert legal advice. One way to obviate the need to making a claim of lien from scratch is to purchase the claim of lien form from vendors who specialize in such documents. There will be savings in time, effort and money as well as getting the claim of lien tailor-made to suit individual needs. The claim of lien forms is available for as little as three to four dollars and is well worth the cost.
by: Wade Anderson
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