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What proof do you have to have to place a mechanics lein on somebodies property? Karen, ohio

My brother totally gutted my kitchen and I recently was put on a temporary medical leave - our agreement was that I would start making payments to him last month but until I go back to work sometime in December he has put this lein on my condo and will not speak to me about it. my question is what did he need to do this legally?

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Attorney answers (1)

Reputation Level 9
I would suggest you get counsel to review it immediately.

Generally, he files an affidavit saying: I did work. I was not paid. You are given notice and time to respond. If you do not, the lien goes on. There are strict time requirements and some very technical requirements that are beyond this forum.

You got a Notice of Lien. Your response at that time should have been a Notice to Commence Suit. I do not know if you still have time to so respond. A Notice to Commence Suit tells the lien filer to file a lawsuit within a particular period of time or remove the lien. Most contractors are very good at filing liens and not so good at actually hiring lawyers to file lawsuits so sometimes you can get the lien removed by demanding he file suit.

Please note that once the lien is in place, he can seek foreclosure to get paid. You should get legal counsel.

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