Legal Question in Credit and Debt Law in Illinois
Corp. Collection
We are a computer service & retailer store. We have done labor on computers and not gottin paid. How can we collect?
How does a mechanics lien work? Can we take possession of the computer after 30 days of non payment?
2 Answers from Attorneys
Re: Corp. Collection
This is not a mechanics lien rather it comes under the Labor and Storage Lien Act but has the same principles - you do get an automatic lien for one year from the date of service, HOWEVER, you must file the lien with the recorder of deeds within 60 days from the date of service to preserve the lien. To enforce the lien thereafter, you file to foreclose on the lien and the sherriff takes possession of the property and it continues from there - if we can help you any further, please call!
Re: Corp. Collection
Mechanics' liens apply to modifications, errection, improvement, etc. of a structure such as a building.
Under Illinois law you have a lien for the labor that begins on the date you commence work on the computers. It continues for 1 year from the date you completed the work.
There are remeides but it depends on the value of the labor expended. There are specific statutory requirements that you must follow in order to sell the property.
If you would like to discuss the specifics, beyond the general description here, please call my office at (847) 223-4410. We can also discuss how to better protect you in the future.
I hope this information is of help to you.
Very truly yours,
Thaddeus J. Hunt, Esq.
Disclosure: The information provided herein is for informational purposes only and should not be construed as legal advice.