Legal Question in Construction Law in Minnesota

Property Lien's

I want to put a lien on someone's property for a unpaid bill. I already sent the Contractor's Notice to Owner. How do I put a lien on the property? Or what do I do next?


Asked on 5/10/04, 1:05 pm

1 Answer from Attorneys

Vincent W. King Vincent W. King, PA

Re: Property Lien's

It is possible to file a lien yourself, although the law is technical and even a slight mistake can prove fatal to the lien. Below is a link to the statute containing the requirements for the lien statement (you may need to copy the link and paste it into your browser):

http://www.revisor.leg.state.mn.us/stats/514/08.html

The key thing to remember is that you only have 120 days after your last day of work to file and serve the lien statement.

Office supply companies such as Miller-Davis have forms for sale which you can use to fill out the lien statement. Depending on the county, the people in the Abstract/Torrens departments can be helpful in getting the right legal description. Sometimes you can input the property address and you will get an abbreviated legal description (but not always the complete legal description). Here is a link to Hennepin County's search site: http://www2.co.hennepin.mn.us/pins/ . The other metro counties, and some of the outstate ones as well, have similar search capabilities at their websites, also.

If the lien is relatively small, and assuming there is still enough time for you to do the legwork to prepare, file, and serve the lien statement, by all means you should try to go ahead and do it yourself. Otherwise, I would strongly suggest you have a lawyer do this for you.

Standard disclaimer: The above is given based on limited facts and information presented. Conclusions may differ significantly based on different facts. We do not have an attorney-client relationship.

That said, good luck to you and let me know if I can be of further assistance.

Read more
Answered on 5/10/04, 1:23 pm


Related Questions & Answers

More Construction Law questions and answers in Minnesota