Legal Question in Real Estate Law in Indiana

Mechanics lein in indiana

I recently received a mechanics lein from a contractor who did electrical work on a investment property of mine. I feel he was paid in full but he has thought otherwise. What do I need to do in order to contest this lein and remove it.


Asked on 2/05/08, 10:06 am

2 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Mechanics lein in indiana

Mechanics liens are very technical. You need to hire an attorney. Feel free to contact me. Otherwise, you can go to the Indiana Judiciary Website and search the Indiana Code for the procedure.

Good luck

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Answered on 2/05/08, 12:18 pm
Mark Voigtmann Baker & Daniels

Re: Mechanics lein in indiana

There are a variety of legal options. One is transmittal of a 30-day letter, which permits the removal of the lien unless the contractor is willing to file a lawsuit within 30 days. In this situation it is always advisable to go through an analysis of whether the claimant has fulfilled all of the steps necessary to perfect a valid lien (it is easy to screw this up and, if so, the lien may be invalid). Finally, there may be economic realities to your situation that may dictate a different course of action (regardless of your rights). In other words, it may make sense to simply pay him even if you are "in the right."

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. The foregoing discussion is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered a privileged communication.

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Answered on 2/17/08, 12:43 pm


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