How to File a Mechanic's Lien in Ohio
A mechanic's lien is filed if you work on a customer's property or motor vehicle and are not paid after completing the task. Although it is not overly simple to file a mechanic's lien, it is a viable technique used by mechanics and contractors to get the money owed to them upon completing a job. A mechanic's lien either is repaid by the person who owns the property with a lien on it, or repaid automatically from proceeds when the property is sold.
Other People Are Reading
Instructions
-
-
1
Prepare the affidavit. You can copy the affidavit and fill in the required areas from the Ohio codes website (see resources).
-
2
Print and sign the affidavit.
-
-
3
Turn the affidavit in to the county recorder's office. If you are placing the lien on a dwelling or property, it must be turned in to the county recorder's office in which the dwelling or property is located. If the lien is for a motor vehicle, the affidavit must be turned in to the county recorder in which the work was done. You must turn the affidavit in within 60 days if the lien is for a residential dwelling or automobile. You have 120 days to turn in the affidavit if the lien is due to non-payment after drilling or boring a well.
-
4
Serve -- or have the county sheriff serve -- papers to the person who owns the property targeted for a lien. Depending on where you live, the sheriff may charge a fee for this. Alternatively, you can send a copy of the affidavit via registered mail with signature confirmation.
-
5
Place an advertisement in the local paper if the owner can not be reached. This serves as proper notification of intent to place a mechanic's lien in Ohio.
-
6
Notify the recipient. Using step 4 or 5, you must notify the property owner within 10 days after filing the affidavit with the county recorder.
-
1
Tips & Warnings
If there is no response from the property owner, the lien will be filed with the county and must be repaid upon sale of the property in question. If the property owner disagrees, or denies that the work was done, a judge will decide the outcome of the dispute.
References
Resources
- Photo Credit One Dollar - variations of Crumpled dollar image by PaulPaladin from Fotolia.com
