I had a crappy contractor put a lien on my house for 24000 (which was false and a lie anyway) but as I understand it, he has to file it within 2 years....which he hasn't as far as I know. I have called the county court and they said the only thing they have on file is the initial lien in 2012. I saw online that Illinois says if they don't file judgement on it, then I can demand he take it off within 10 days notice or I can sue him for my court cost. Do I need a lawyer to write letter or can I send it?
1 Answer from Attorneys
Not quite. If within the 2 year period after a PROPER lien has been recorded you make a demand that they file suit and they don't within 30 days, they are bound to give you a release. But if the lien period simply has expired and they haven't sued to FORECLOSE the lien, the lien simply has expired and the contractor can't sue on it. The only thing he can do is sue you on the contract itself, which is a 10 year limitation for written contracts and 5 year for oral contracts. The law does not require a useless act, being demand to sue after the lien period has expired. But he could still sue you, he just doesn't have an enforceable lien any more. Assuming everything you said was accurate. If you have to refinance or sell your house, a title company would be able to confirm that.