Mechanic’s Lien Update: Use the Right Mechanic’s Lien Forms
We all know the importance of timely filing a mechanic’s lien. And the need to use the correct lien forms. But we need to emphasize the importance of such a statement.
When it comes to the law, many cases you can win or lossed based upon the persuasive arguments made by your attorney. In other words, there is no specific wording or argument: it is simply the one that persuades the judge and the jury. But not so with the law mechanic’s liens.
Mechanic’s liens are not common law creatures. They are not based upon basic law. Instead, they are creatures of statute. This means they were created solely not by the case law of Courts of Appeal, but by the state legislatures. And, those legislatures state exactly what has to be included in a mechanic’s lien for it to be valid. Unfortunately, if this is not done correctly, the lien will be invalid.
On smaller liens, it may be that the other side will not go to the time and expense of hiring an attorney to fight. But if there is a substantial lien, you can bet that any lawyer that stayed awake in law school will attempt to attack the wording of the mechanic’s lien itself. Why? Because it is so much easier to do so as opposed to spending hours reviewing the facts and determining the exact amount owed.
Also bear in mind there is not a single state that has the same mechanic’s lien forms.
On the other hand, a clerk’s office or recording department will typically record almost any document and by doing so, they are not blessing the fact that you have complied with the statutory prerequisites.
The other matter is that a correctly worded form is more persuasive to the other side. They know you are serious and could very well prevail in court if it is disputed.
So that is why your mechanic’s liens need to be downloaded from a site, such as ours, that updates forms on a regular basis.