Step-by-Step Lien Filing Guide

How to File an Illinois Mechanic Lien — Step by Step

A procedural walkthrough of every step required to file, record, and enforce a mechanic's lien under the Illinois Mechanics Lien Act (770 ILCS 60/).

Last updated: February 2026

Filing a mechanic's lien in Illinois is a multi-step process where each stage builds on the last. Skip a step or execute one out of order, and the entire claim can unravel. This guide walks you through the six sequential steps — from determining your eligibility to filing a foreclosure lawsuit — so you can protect your right to payment on every project.

01

Step 1: Determine Your Eligibility and Role

  • Identify whether you are a general contractor, subcontractor, material supplier, or design professional — each has different notice requirements and deadlines under 770 ILCS 60.
  • Determine if the project is residential (single-family owner-occupied), commercial, or public — lien rights and procedures vary significantly by project type.
  • General contractors who contract directly with the property owner face fewer preliminary notice hurdles, while subcontractors and suppliers must satisfy additional Section 24 obligations.
02

Step 2: Serve Required Preliminary Notices

  • Subcontractors on single-family owner-occupied homes: Serve written "Illinois Notice to Owner" within 60 days of your first date of work under 770 ILCS 60/5(b).
  • All subcontractors: Serve a "Notice of Claim" (Section 24 Notice) on the owner within 90 days of your last date of furnishing labor or materials under 770 ILCS 60/24.
  • General contractors: No preliminary notice is required by statute, but sending one is recommended as a best practice to document the relationship.
  • Keep certified mail receipts and proof of service — courts require evidence of proper notice delivery.
03

Step 3: Prepare the Claim for Lien

  • Draft a lien claim that includes a brief, accurate statement of the contract and the balance due after all credits and payments.
  • Include the correct legal description of the property — a street address alone may be insufficient. Obtain the 14-digit Property Index Number (PIN) from the county assessor.
  • Correctly identify all property owners and parties in interest, including mortgage lenders of record.
  • The lien claim must be verified under oath (sworn affidavit) — unverified claims are invalid.
  • Do not fraudulently overstate the amount owed. Include only lienable charges and deduct all payments and credits received.
04

Step 4: Record the Lien with the County Recorder

  • File the verified lien claim with the Recorder of Deeds in the county where the property is located within 4 months of the last date of work to preserve priority against third parties (770 ILCS 60/7).
  • Each county recorder has specific formatting requirements — Cook County, Lake County, and DuPage County each have different standards for margins, paper size, and prepared-by blocks.
  • If you miss the 4-month window but record within 2 years, your lien may still be valid against the original owner but will not have priority over subsequent purchasers or lenders.
05

Step 5: Serve the Recorded Lien on the Owner

  • For owner-occupied residences: Serve a recorded copy of the lien on the property owner within 10 days of recording under 770 ILCS 60/7.
  • On commercial projects, post-recording service is recommended as a best practice even when not strictly required by statute.
  • Keep proof of service (certified mail receipt or affidavit of personal service) for use in any subsequent enforcement action.
06

Step 6: File a Foreclosure Lawsuit

  • File a lien foreclosure lawsuit in the circuit court where the property is located within 2 years of your last date of work (770 ILCS 60/9).
  • This strict limitations period cannot be extended or renewed by any means.
  • Be aware: The property owner may serve a Section 34 demand, which accelerates your deadline to just 30 days to file suit (770 ILCS 60/34).
  • The foreclosure action operates similarly to a mortgage foreclosure — the court may order the property sold to satisfy the lien.

Who Can File a Mechanic Lien in Illinois

Under 770 ILCS 60, a broad range of construction participants may file a mechanic's lien: general contractors, subcontractors, sub-subcontractors, material suppliers, architects, engineers, and surveyors. General contractors who contract directly with the property owner have the most straightforward path, as they face fewer preliminary notice requirements.

Subcontractors must satisfy additional notice obligations under Sections 5, 21, 22, and 24 of the Act. Material suppliers must demonstrate that their materials were actually incorporated into the improvement. Parties who furnish labor or materials for public projects cannot file mechanic's liens — they must instead pursue payment bond claims or liens on public funds.

Required Information for Your Lien Claim

A valid Illinois mechanic's lien claim must contain specific information mandated by statute: a brief statement of the contract, the balance due after all credits and payments, the correct legal description of the property including the 14-digit Property Index Number (PIN), identification of all property owners of record, and verification under oath as a sworn affidavit.

Errors in the legal description are one of the most common reasons lien claims are invalidated. Include the dates of your first and last day of furnishing labor or materials, as these dates determine compliance with statutory deadlines. See our filing deadlines guide for the specific windows that apply to your role.

County-Specific Recording Requirements

Each Illinois county recorder has its own formatting and submission requirements. Cook County requires specific margin sizes, paper dimensions, and a prepared-by block on the first page. DuPage County and Lake County have their own distinct standards. Recording fees typically range from $30 to $60 for the first few pages, and many county recorders now accept electronic recording through approved vendors.

After recording, the recorder returns a stamped copy with the document number and recording date — keep this as proof of timely filing. For owner-occupied residences, serve a recorded copy of the lien on the property owner within 10 days of recording to comply with post-recording obligations.

Common Mistakes That Invalidate Illinois Mechanic Liens

  • Missing statutory deadlines — the most frequent and most costly error
  • Incorrect property owner identification in the lien filing
  • Incomplete or inaccurate legal description of the property
  • Failing to serve required notices on owners and lenders
  • Recording errors or defective lien claims without proper verification
  • Fraudulently overstating the lien amount with non-lienable charges
  • Combining work across multiple properties without proper allocation

Costs and Attorney Fees

Illinois mechanic lien litigation involves court filing fees, service of process costs, and potentially expert witness fees. Cook County has tiered filing fees that can reach several hundred dollars for larger claims. Under 770 ILCS 60/17, a court may award reasonable attorney fees to the prevailing party when a lien was knowingly frivolous or when a party unreasonably refused to release a satisfied lien.

Emalfarb Law LLC helps clients assess whether the cost of enforcement is justified relative to the amount at stake and the strength of the claim. For an overview of amendments and corrections, see our article on amending a mechanic lien.

Evidence Checklist for Illinois Mechanic Lien Claims

Gather and preserve these records before you begin the filing process:

Filing Evidence Checklist

  • Signed contracts and subcontracts with all amendments
  • Change orders with written approval from the owner or GC
  • Material delivery tickets with dates and quantities
  • Daily time sheets and work logs for all workers
  • Pay applications submitted to date
  • Sworn contractor's statements and lien waivers exchanged
  • Inspection reports and project correspondence
  • Certified mail receipts for all statutory notices
  • Property legal description and 14-digit PIN
  • Emails and text messages documenting payment demands

Frequently Asked Questions About Filing an Illinois Mechanic Lien

Need Help Filing Your Mechanic's Lien?

The filing process is unforgiving. Let an experienced Illinois construction attorney handle the strict compliance requirements for you.