What is a mechanic's lien?
- If you make an agreement with someone to do work on your property, that person can put a lien on your property if you do not pay. A lien is a claim against your property that can allow the person claiming the lien to sell your property or be paid if you sell your property. Every person who furnishes material or labor for any building or land for improvement, shall have a lien to secure payment for the materials or labor performed. The lien is not automatic. The contractor who does the work on your home has to file with the court to get the lien. A contractor can get a lien for such work as construction, repairs, sodding, landscaping, or fencing.
- In order to put a lien on your property, the contractor will have to file with the court. The contractor must file a statement of account, the date when material was furnished, legal description of the property, and name and address of the owner of the property. The statement of account must be filed within 2 years and 90 days of the last date on which work was performed.
How do I find out it there is a lien on my property?
- You will either receive a notice in the mail from the clerk of court, or you will be served personally with the notice. There are certain time limits a contractor must follow. If the contractor files the lien more than 90 days after the date on which the last of the material was delivered or labor was performed, you will have to be personally served with the notice. You will want to pay attention to anything you get in the mail from the clerk of court. If you receive notice of a lien on your property, you can call Iowa Legal Aid for advice on how to proceed.
- The lien lasts for two years and 90 days. Any action to enforce a mechanic's lien shall be brought within two years from the expiration of ninety days after the date on which the last of the material was furnished, or the last of the labor was performed.
What do I do if there is a lien on my property?
- Your first option is to satisfy the lien by paying what is owed to the contractor. If you do this, keep a record of the payment you make. Then you can make a written demand that the contractor acknowledge satisfaction of the lien to the court. If it has been thirty days since the written demand and the contractor has not let the court know the lien has been satisfied, you can file with the clerk a copy of the payment made.
- If you do not agree with the lien, you can challenge a mechanic's lien in court. If the lien is for less than $5,000, you can bring a challenge on your own in small claims court. If the lien is for more than $5,000, you will probably need the help of an attorney to file a challenge in district court.
- If you challenge the lien, you can also bring a claim for money against the contractor counterclaim, if you believe the contractor owes you any money damages.
- Another way to get the lien off of the property is to make a "demand for bringing suit." This is a demand that the contractor enforce the lien. If the contractor does not bring an action in court to enforce the lien within thirty days, the lien shall be forfeited.
- The contractor that put the lien on your house can also file in court to enforce the lien. The court can decide that the house will be sold to pay off the amount owed. If you don't think the contractor did a good job or completed the work, you can object to the amount of money that the contractor claims is owed.
If you have further questions about this process, you can contact Iowa Legal Aid.