What is a Mechanic's Lien?

Mechanic's Lien explained

Mechanic’s liens are powerful tools for material suppliers and contractors to ensure payment on materials and work that they provide for the improvement of real property. A Mechanic’s Lien allows an unpaid laborer to potentially sell any real property that he or she has improved in order to pay an outstanding bill for work. Mechanic’s liens, however, are complicated to properly obtain and you should contact an attorney even before you go out to work a job. In order to get a mechanic’s lien in Missouri, you must provide proper notice to the owner of the property at a designated time and the failure to do so can prohibit you from getting a lien.


Is there a time limit to file for a Mechanic's Lien?


You only have six months from the date of your last significant work on the property to file a lien with the Circuit Clerk. If you do not file within this six month period, you waive your right to seek a lien. Along with your lien statement, you must file a just and true account of the money you have been paid and what still remains owed. Within six months after you file your lien statement, you must file a lawsuit to enforce the lien. If you do not file your lawsuit within this second six month period, you again waive your right to seek a lien.

 

Get professional help if filing for a Mechanic's Lien

As there are so many steps and deadlines incumbent in properly perfecting a mechanic’s lien, we encourage anyone who thinks they might need to file a lien to contact an attorney immediately. Six months goes by fast, and if you wait until the last minute to try and file your lien, there is a good chance something could get missed. In addition, you should consider having an attorney review your contracts and invoices to ensure that all proper notice language is included.



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