DeKalb County Mechanic Lien Lawyer

Sycamore is the DeKalb County seat. Mechanic lien claims affecting DeKalb County property are recorded with the DeKalb County Clerk & Recorder, 110 East Sycamore Street, Sycamore. Under Section 7 of the Illinois Mechanics Lien Act, 770 ILCS 60/7, recording a sufficient verified claim in the correct county, or commencing suit, within four months after completion preserves the lien against creditors, encumbrancers, and purchasers; for subcontractors, that requirement operates through Sections 7 and 28. Section 7 requires a description sufficiently correct to identify the property, and in practice an accurate legal description and property index number are the prudent way to meet it. Confirm the owner of record and the county from the county records and title information before recording. The practical consequence is that you should obtain the deed or title commitment before drafting the lien, not after.

A lien foreclosure on DeKalb County property is filed in the Circuit Court of DeKalb County, Twenty-Third Judicial Circuit, DeKalb County Courthouse, 133 West State Street, Sycamore. Under Section 9 of the Illinois Mechanics Lien Act, 770 ILCS 60/9, suit generally must be filed, or a counterclaim asserted, within two years after completion of the contract or the extra or additional work, and a Section 34 demand can shorten that period to 30 days after receipt. Section 11 requires the claimant to join the owner, the contractor, persons in the contract chain between the claimant and the owner, persons who have asserted or may assert Mechanics Lien Act liens, and persons against whose property interests the claimant asserts its claim. Not every person with any conceivable interest is invariably mandatory, but the statutory categories are. The practical consequence is that a title search and contract-chain investigation should be completed before the complaint is drafted, so every necessary party is named and the case is not delayed by amendments.

It depends on who awarded the contract. A project awarded by Northern Illinois University's Board of Trustees is State work, and the Board's separate corporate status does not make it a local government. Under Section 23 of the Illinois Mechanics Lien Act, 770 ILCS 60/23, the sworn notice goes to the director or other official responsible for letting the particular contract, with a copy to the contractor at once; if the Capital Development Board awarded the contract, the responsible Capital Development Board official must be notified. The claimant must commence the accounting action within 90 days after service, deliver the complaint within 10 days after filing, and act at least 15 days before any relevant appropriation lapses. Under 30 ILCS 550/2, the verified bond notice is filed with the awarding officer, board, bureau, or department within 180 days after last furnishing. The practical consequence is that the procurement record should be reviewed at the start to identify the awarding entity.

A subcontractor or material supplier without a direct contract with the owner generally must serve written notice of its claim within 90 days after completing its own work, including qualifying extra or additional work. The requirement appears in Section 24 of the Illinois Mechanics Lien Act, 770 ILCS 60/24. The notice must go to the owner of record or an authorized statutory recipient and to the lending agency, if known, and must state the amount due or to become due. Since January 1, 2025, Section 24 permits service by registered or certified mail, return receipt requested, by a nationally recognized delivery company with tracking, or by personal service. Section 24 dispenses with the owner notice when a qualifying sworn statement already identifies the claimant and the amount due, though protection may be limited to the amount stated. The practical consequence is that the notice should be served well before the 90th day, not on it.

If you are a subcontractor working on an existing owner-occupied single-family residence, yes. Section 21(c) of the Illinois Mechanics Lien Act, 770 ILCS 60/21(c), requires a notice to the occupant or the occupant's agent within 60 days after first furnishing, containing the statutory information and warning, delivered personally or by certified mail, return receipt requested. It is separate from the 90-day notice under Section 24. The 60-day provision concerns existing owner-occupied single-family residences only. A late notice can preserve the lien, but only to the extent the owner was not prejudiced by payments made before receiving it, as the appellate court explained in Crawford Supply Co. v. Schwartz, 396 Ill. App. 3d 111 (1st Dist. 2009). The practical consequence is that residential subcontractors should serve the notice at the start of the job, because every payment the homeowner makes before receiving it can reduce recovery.

You generally have 30 days to act. Under Section 34 of the Illinois Mechanics Lien Act, 770 ILCS 60/34, the owner or any interested person may serve a written demand requiring the lien claimant to commence suit to enforce the lien. A properly prepared demand contains the statutory warning in at least 10-point boldface type and is served by registered or certified mail, return receipt requested, or by personal service. If the claimant does not commence suit, or answer asserting the lien in a pending suit, within 30 days after receipt, the lien is forfeited. The demand does not automatically extinguish the contract claim against the party responsible for payment, but the security of the lien is lost. Owners often serve these demands before a sale or refinancing. The practical consequence is that a Section 34 demand needs immediate legal review, because service on your agent or attorney can start the period.