Legal Question in Consumer Law in Illinois

Mechanics Lien a year old

A contractor performed work for me in June 2006. He was paid in July 2006. He cashed the check in August 2006. He filed a mecahnics lien at the end of October 2006. In October 2007, I recived a letter stating that if i paid the bill the lien would be removed. This has been the first contact from the contractor since the payment in 2006. It was only a $250 bill and i have the cancelled check. What should i do? Is this considered fraud?


Asked on 10/08/07, 11:24 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Re: Mechanics Lien a year old

It is probably just an oversight on the contractor's part--I would hope. I would contact him, and ask if he would like a copy of the cancelled check. If the contractor does not immediately release the lien, I would suggest you have a slander of title case. In any event, you are going to need a release of lien, not a lien waiver. That release of lien should be recorded in the recorder's office where the original mechanics lien was filed--and I would tell the contractor he needs to pay the recording fee since it was his error.

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Answered on 10/10/07, 9:14 am


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