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770 ILCS 60/34 — Mechanic's Lien Act
Illinois Section 34 Demand — Enforce or Forfeit Your Mechanic Lien
Property owners can compress a lien claimant's two-year enforcement window to just 30 days. Contractors who receive this demand must act immediately or lose their lien forever.
Last updated: February 2026
What Is a Section 34 Demand?
A Section 34 demand is a written notice authorized by 770 ILCS 60/34 that allows a property owner to force a mechanic lien claimant into action. Once properly served, the demand compels the claimant to file a lien foreclosure lawsuit within 30 days — or permanently lose the lien. There is no extension, no second notice, and no cure. The forfeiture is automatic and absolute.
Without a Section 34 demand, a lien claimant has up to two years from the date their claim could have been filed to commence a foreclosure action under 770 ILCS 60/9. The demand dramatically compresses that timeline, giving property owners a powerful mechanism to resolve lien encumbrances on their title. The case of CB Construction & Design, LLC v. Atlas Brookview, LLC confirmed the enforceability of this mechanism and underscored the severe consequences of non-compliance.
For a broader overview of Illinois mechanic lien remedies and how Section 34 fits within the statutory framework, see our guide to Illinois mechanic lien law.
When Property Owners Should Use Section 34
A Section 34 demand is a strategic tool — not just a formality. Property owners should consider issuing one in the following situations:
Clearing Title for Sale or Refinance
A recorded lien clouds title and can prevent sales, refinancing, or new construction loans. A Section 34 demand forces the claimant to either litigate or forfeit, clearing the path within 30 days.
Challenging Disputed or Inflated Claims
If the lien claim is overstated, based on defective work, or procedurally deficient, the demand forces the claimant to put their case before a court — or walk away entirely.
Eliminating Stale Liens
Some claimants record a lien and then take no action for months or years. The Section 34 demand prevents liens from lingering indefinitely on the property record.
Protecting Property Value
Outstanding liens affect insurability, financing, and market value. A Section 34 demand provides a direct, time-certain path to resolving the encumbrance.
Statutory Requirements for a Valid Section 34 Demand
A Section 34 demand must satisfy every statutory requirement to trigger the 30-day forfeiture clock. Any deficiency can render the demand invalid, leaving the claimant with the full two-year enforcement window intact. The key requirements are:
Proper Identification of the Lien
The demand must specifically identify the mechanic lien being challenged — including the recording document number, recording date, county, property address, and lien amount.
Mandatory Statutory Warning Language
The letter must include the prescribed forfeiture warning in at least 10-point bold-face type. A demand that omits or materially alters this language may be deemed invalid.
Proper Service Method
The demand must be delivered via registered or certified mail with return receipt requested, or by personal service. Regular mail, email, and fax do not satisfy the statute.
Issued by the Property Owner
Only the property owner or a party with a legal interest in the property may issue a Section 34 demand. A demand from an unauthorized party has no legal effect.
The Mandatory 10-Point Bold Language
Section 34 of the Illinois Mechanics Lien Act requires the demand letter to contain specific warning language in at least 10-point bold-face type. The statutory text must warn the claimant that failure to respond within 30 days will result in forfeiture of the lien. The required language is:
"Failure to respond to this notice within 30 days after receipt, as required by Section 34 of the Mechanics Lien Act, shall result in the forfeiture of the referenced lien."
This language must appear exactly as prescribed. Courts have found demands defective where the warning was paraphrased, placed in smaller type, or buried within boilerplate text. Property owners should ensure their attorney uses the precise statutory language in the required format.
Service and Delivery Requirements
The method of delivering the Section 34 demand is just as important as its contents. Under 770 ILCS 60/34, the demand must be served on the lien claimant by one of two methods:
- Registered or certified mail with return receipt requested, addressed to the lien claimant at the address shown in the recorded lien claim.
- Personal service on the lien claimant, providing a verifiable record of delivery.
The following service methods are not sufficient and will not trigger the 30-day clock:
- Regular first-class mail
- Email or electronic transmission
- Facsimile (fax)
The date of delivery — not the date of mailing — starts the 30-day clock. Property owners should retain the return receipt (green card) or personal service affidavit as proof that the clock has begun running. For more on how deadlines work within the Illinois Mechanics Lien Act, see our lien enforcement deadlines guide.
The 30-Day Countdown: What Happens After Service
Once the lien claimant receives a valid Section 34 demand, the 30-day countdown begins. During this period, the claimant must either file a foreclosure lawsuit to enforce the lien or accept that the lien will be permanently forfeited. There is no middle ground and no mechanism to pause or extend the deadline.
If the claimant files suit within 30 days, the case proceeds as a standard lien foreclosure action. The demand has no further effect on the litigation timeline or the merits of the underlying claim — it simply accelerated when the lawsuit had to be filed.
If the claimant fails to file suit within 30 days, the lien is extinguished by operation of law. The property owner can then remove the lien from title by recording an affidavit or obtaining a court order confirming the forfeiture. Most title companies will accept an attorney affidavit confirming proper service and expiration of the 30-day period.
Courts have consistently held that this 30-day period is jurisdictional. Once it expires without a filed complaint, the lien ceases to exist regardless of the validity of the underlying debt. The contractor may still have a breach-of-contract claim, but the lien — and its priority over subsequent encumbrances — is gone.
For Contractors: How to Respond to a Section 34 Demand
If you are a contractor, subcontractor, or material supplier who has received a Section 34 demand letter, you must act immediately. The 30-day deadline is strictly enforced, and failure to file suit within that window results in the permanent forfeiture of your lien rights.
Do Not Ignore a Section 34 Demand
The consequences of failing to respond are severe and irreversible. If you do not file a lawsuit to enforce your lien within 30 days of receiving the demand, your lien rights are permanently forfeited under 770 ILCS 60/34.
Contact an experienced Illinois construction attorney immediately to evaluate the validity of the demand and, if appropriate, prepare and file a lien foreclosure action within the deadline.
Steps to Take Upon Receipt
- Verify the demand's validity — Check that the statutory language, service method, and lien identification all satisfy 770 ILCS 60/34. A defective demand may not trigger the 30-day clock.
- Engage an attorney immediately — Preparing a lien foreclosure complaint requires gathering documentation, identifying all necessary parties, and filing in the correct court. This takes time.
- Evaluate the strength of your claim — If your lien has procedural defects, inflated amounts, or questionable notice compliance, litigation may expose you to liability for the owner's attorney fees under 770 ILCS 60/17.
- Consider negotiation — A valid Section 34 demand sometimes creates an opportunity for settlement, since both parties now have urgency to resolve the dispute.
For a step-by-step guide to the foreclosure process you will need to initiate, see our lien foreclosure process guide.
Strategic Considerations for Both Sides
For Property Owners
- Use Section 34 to force weak or stale claims to resolution
- Ensure the demand is prepared by an attorney to avoid invalidity
- Retain certified mail receipts and proof-of-delivery records
- Be prepared for litigation if the claimant responds by filing suit
For Contractors
- Have your attorney verify the demand's validity before panicking
- Treat the 30-day clock as non-negotiable — no extensions exist
- Evaluate whether the lien claim is strong enough to litigate
- Consider settlement negotiations using the demand as a catalyst
Emalfarb Law LLC advises both owners and contractors on the strategic use and defense of Section 34 demands across Illinois. Whether you need to issue a demand or respond to one, the 30-day window demands immediate, experienced legal guidance.
Common Defects That Invalidate Section 34 Demands
A Section 34 demand must satisfy strict statutory requirements. If the demand is defective, the 30-day forfeiture clock never starts running, and the claimant retains the full two-year enforcement window. Common defects include:
Contractors who receive a demand with any of these defects should consult an attorney to determine whether the demand is enforceable. Property owners should work with experienced counsel to avoid these pitfalls entirely.
Evidence Checklist for Section 34 Demands
Whether you are issuing or defending against a Section 34 demand, preserve the following documentation:
- Copy of the recorded mechanic lien (with document number and date)
- Property legal description and PIN
- Certified or registered mail receipt with return receipt requested
- Proof of delivery date (green card or personal service affidavit)
- Copy of the Section 34 demand letter with statutory language
- Calendar showing the 30-day expiration date
- Documentation of any response or filing by the lien claimant