Full question:
My plumber filed a mechanics lien on my single family home almost 90 days after the last labor was performed or materials were used. How do i challenge the validity of the lien? No contract was ever signed for the work and no change orders were ever presented/signed. The legal question is regarding a house in Wilmington, Ohio, Clinton County.
- Category: Contractors
- Subcategory: Construction Liens
- Date:
- State: Michigan
Answer:
If a mechanics lien has been filed against your property, you can challenge its validity. In Ohio, a mechanics lien must be filed within a specific timeframe. For a single-family home, this is typically within sixty days from the last date labor was performed or materials were provided (O.R.C. 1311.06(B)(1)). Since the lien was filed almost ninety days after the last work, it may be invalid due to the expiration of this timeframe.
Additionally, if no contract was signed for the work, this could further weaken the plumber's claim. You have the right to notify the lienholder to commence a lawsuit to enforce the lien. If they do not file suit within sixty days of being served with this notice, the lien will be void (O.R.C. 1311.11(B)(3)).
To initiate this process, you can serve a Notice to the Lienholder to Commence Suit. After serving this notice, the lienholder must file suit within sixty days or the lien becomes void. You must also file an affidavit with the county recorder detailing how service was accomplished.
For further assistance, consider consulting with a legal professional who can guide you through the process and help you determine the best course of action.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.