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Demand For Payment (sub or supplier)

$35.00

Demand For Payment (sub or supplier)

$35.00

Description

In most states, the sub or supplier follows these steps to perfect a mechanic’s lien: 1) preliminary notice, 2) mechanic’s lien, and 3) lawsuit to foreclose the lien. The first two steps can be done without a lawyer and the court system is not yet involved. The practice is different in Hawaii. There are no preliminary notices. Most importantly, a contractor/supplier files a mechanic’s lien by bringing a lawsuit (“Application for Mechanic’s Lien and Notice of Hearing”). At the first hearing, the judge decides if there is probable cause to allow the lien to attach to the property. In other words, the contractor does not just go out and file a lien — the judge decides. For this reason, there are no pre-lien notices or mechanic’s lien forms for this State and you need to retain a construction lawyer to bring the lawsuit. Or, let us do it form one of our lawsuit templates. Call us (800) 995-9434 for details. What is available on site is a written Demand For Payment notice that is required to be given before bringing the lawsuit. What you can serve without a Court proceeding is a written “Demand For Payment” notice. Hawaii statutes 507-47 requires that before going to Court and requesting foreclosure of a lien, a demand must have been made on the owner who has refused to pay. That demand is typically included in the lawsuit — called an “Application for Lien/Notice of Lien”. But, it is recommended that you make a separate demand before going to Court. It could save everyone time and lawyer’s fees if you can settle before court action. Use this form for that purpose. View Sample PDF

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