Frequently Asked Questions
Have a question about filing a lien? Check our FAQs.
- Q:What is a Mechanic’s Lien?
- A:A mechanic’s Lien is a security interest in the title to property for the benefit of those who have supplied labor or materials that improve property. The lien exists for both real property and personal property. In the realm of real property, it is called by various names, including construction lien.
- Q:What is a Public Improvement Lien?
- A:If you work or provide material to a contractor or subcontractor of a public improvement project for the City or public entity, you can file a Notice of Lien. A lien is a legal claim against property for outstanding debt. You can file the notice before the project is completed or within thirty days of completion. When you file a lien, the City or public entity withholds payment from the contractor and published information about the lien on our website in the Public Improvement Lien Docket. The Department of Finance does not process mechanic’s liens against private property. Who would file a Public Improvement Lien? You would file a lien with Finance if you are a subcontractor and/or supplier on a City or public entity, government public construction project and you have not been paid by the contractor. In that case, you have the right to file a lien in the amount the contractor owes. The city, or public entity, will hold payment to the contractor 1 ½ times the amount owed on the lien.
- Q:What is the E-Lien process?
- A:To stream line the filing of your lien in the fastest way possible, we ask you very basic questions. That is where your involvement ends and ours begins. Once you click send, our back office will research all the recording information and add it to your lien. We will then send you a fully completed, fully recordable lien. All you need to do is sign it, have it notarized (2 originals must come back to us) and sent to our office. Upon receiving your originals, we will immediately file the lien with the appropriate county clerk in the respective state. We will also serve the lien on the owner of the property, the contractor who owes you the money and any appropriate banks that are holding your funds (i.e. construction lenders), all included in one price. As you can see, we do a lot. Filing an accurate lien is a huge responsibility. You came to the right place!
- Q:How long does it take for my lien to reach the owner of the property or any other party that I want notified?
- A:From the time you click on send, we will have a lien in a recordable form emailed back to you, in most cases, within 24 hours. For a more complicated lien (i.e. Public Improvement Lien) it will take about 48 hours. Once you have the lien signed and notarized, you may bring it to our office or send it by mail. Once we receive your signed and notarized lien, you can rest assured that we will file it the next day.
- Q:How do I enforce my mechanic’s lien?
- A:We recommend our collection professionals. We contact the property owner on your behalf in most cases. This is the quickest and most cost effective way to collect your lien without litigation. We work on a contingency basis and only get paid if you get paid. Our fee ranges from 15% to 30% depending on the amount of the lien.
- If this is proves ineffective, the next step would be a foreclosure of the lien through litigation. This can only be performed by a licensed attorney. ELienit will arrange for a free consultation with a licensed attorney in the state where your lien is filed. Contact us for more information and of course there is no obligation to you. Call us!
- Q:Generally what does it cost to foreclose a mechanic’s lien?
- A:Most attorneys will work on a contingency basis but you will pay court filing fees and process serves up front when the action to foreclose is commenced. These fees vary from state to state. If you need to foreclose on a lien, the eLienit professionals will get you to the right attorney at no charge. We will arrange a free consultation with an attorney in your state. Call us, we’re here for you!
- Q:How do I find the legal property description?
- A:We at E-Lien research the property and add the description and necessary recording information for you.
- Q:If I have questions about my state (New York, New Jersey, Connecticut) where should I look?
- A:Click on the link to your respective state. There you will find specific state questions and answers. As a reminder, if you do not find what you are looking for, call us! Consultations are free, always.
- Q:Who can file a Mechanic’s Lien?
- A:On a private project; a general contractor, a general contractors subcontractors, an individual contractor, subcontractors and subcontractors of subcontractors (lower tiers also have lien rights). The only exception is that a material equipment supplier does not get lien rights if that person’s contract is with another supplier.
- Q:How long do I have to file my lien on a Private Project?
- A:On a residence project (1-4 family) you have to file your lien within four months of the last time you did work. All other private projects need to be filed within eight months of the last time you did work.
- Q:How long do I have to file a lien on a Public Improvement Project?
- A:On a Public Improvement Project you must file you lien within thirty days from your last day of work.
- Q:If I worked on a Public Project, can I file a Mechanic’s Lien on the property?
- A:No. However, you may file a Mechanic’s Lien on an account of a Public Improvement. This type of lien attaches to the public fund (the money due to the contractor from the public entities). In some situations you may work on a project that is publicly owned but privately funded. In these rare situations you cannot file a lien against the publicly owned property (it is prohibited by law) and there is no fund to which you can attach a Mechanic’s Lien. However, there may be a bond in place that a claim may be filed. Contact us and we will initiate the process for you.
- Q:How do I satisfy a Mechanic’s Lien?
- A:A satisfaction of a Mechanic’s Lien can be filed at the County Clerk (or the public entity where the Mechanic’s Lien was filed). We conveniently provide you with the forms. Just click on “Satisfy a Mechanic’s Lien” on our site and follow the steps. Call us if you need help. We are here!
- Q:How do I find the legal property description?
- A:We at E-Lien research the property and add the description and necessary recording information for you.
- Q:If I have a question that is not addressed in this section, what do I do?
- A:CALL US! Consultations are free, always. The only bad question is the question you didn’t ask.
- Q:Who can file a mechanic’s lien in New Jersey?
- A:General contractors, subcontractors, laborers, material/equipment suppliers, architects, engineers and surveyors and construction managers are entitled to mechanic’s lien rights.
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- Q:How long do I have to file a mechanic’s lien in New Jersey?
- A:Lien must be filed within 90 days of last providing labor or material on commercial projects only.
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- Q:Mechanic’s liens on residential projects in New Jersey.
- A:For residential projects, lien claimants must lodge and record a Notice of Unpaid Balance and Right to Claim a lien prior to filing a mechanic’s lien. Further, the lien claimant must also serve a demand for arbitration (with the American Arbitration Association, unless the other part specified in contract) on the property owner, and include a completed and signed copy of the Notice of Unpaid Balance and right to Claim Lien and an affidavit that the notice has been lodged for record. This service is performed by a licensed New Jersey attorney. Contact us should you need this and we will arrange for a consultation, free of charge, with a licensed New Jersey attorney.
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- Q:Do I need to send notice to the property owner that I filed the lien?
- A:We do it for you. All notices are part of our service. They are served professionally and quickly therefor you don’t have to worry.
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- Q:How do I find the legal property description?
- A:We at E-Lien research the property and add the description and necessary recording information for you.
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- Q:If I have a question that is not addressed in this section, what do I do?
- A:CALL US! Consultations are free, always. The only bad question is the question you didn’t ask.
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- Q:Who can file a Mechanic’s lien in Connecticut?
- A:The “physical enhancement test” requires that the services or materials must enhance the property physically, lay the groundwork for same, or be an essential part in the scheme of physical improvement. In addition, the labor or materials must have been provided in the construction, raising, removal, or repair of a building or its appurtenances, or in the improvement or subdivision of any plot of land. The value of rental equipment is allowed.
- Q:How long do I have to file a mechanic’s lien in Connecticut?
- A:The lien must be filed within 90 days of the last day work was performed. Action to enforce must be commenced within 1 year of recording lien.
- Q:Do I need to send notice the lien was recorded?
- A:Yes. Connecticut requires that no later than 30 days after the lien is filed with the town clerk, a true and attested copy of the certificate must be served on the owner of the property (This is part of our services and we do it for you).
- Q:How do I find the legal property description?
- A:We at E-Lien research the property and add the description and necessary recording information for you.
- Q:If I have a question that is not addressed in this section, what do I do?
- A:CALL US! Consultations are free, always. The only bad question is the question you didn’t ask.
