Illinois Mechanics Lien: Fill & Download for Free

Laws vary state to state, but most states will hold a new owner responsible for an old owner’s mechanics lien claim.All state laws require that mechanics lien claims be filed within a defined period of time. If the mechanics lien is filed before the deadline, most states have little sympathy for the third party buyer.The claim is usually effective against the property, and the new owner must seek a remedy from the original owner who sold them the property.There are some exceptions (like Illinois that restricts the liability of third-party buyers) so you need to get familiar with your state’s laws. You can read more here: What If Your Mechanics Lien Is Filed After The Owner Sells The Property?

In Illinois (and in virtually every other place where English common law applies), when plants are planted into the ground, they became part of the real estate and thus cease to be personal property. Since they’re no longer personal property, they cannot be repossessed as a remedy for a breach of a contract of sale as they ceased to exist as separate property when they were planted. The only way you’d be allowed to dig them up is if your contract explicitly allows you to sever them from the ground as a remedy for breach. If they’re planted in planters, hanging baskets, or otherwise not planted into the ground, you may be able to repossess them, but it’s my understanding that in Illinois, for a seller to have a self-executing right of repossession of goods sold on a promise to pay, the seller needs to have a written document that reserves that right; otherwise, the seller’s only remedy is for money damages, which the defendant may offer to compromise by agreeing to return the goods. Note that a container that is permanently mounted on the property is a “fixture” and plants planted in it might have the same status as those planted in the ground; I simply don’t know what the law is in this situation, and I suspect not many people do. For this you need an expert, and not the random opinions of people on the Internet.You most likely have a right to sue them for nonperformance on the contract, and once you have a judgment, to seek execution against any assets held by the nonperforming party. You may also be able to get a so-called “mechanic’s lien” against the real estate: landscaping services are “improvements to land” and generally a party that provides improvements to land may seek a lien on the land thus improved in order to compel payment for services. Mechanic’s liens are governed by a specific statute in Illinois (770 ILCS 60/ Mechanics Lien Act.) which I’ve never read, so I don’t know what the specifics are here. Again, you need an expert here.Thus, you should address your questions in this situation to your attorney (not to the Internet, which is not your attorney and cannot be your attorney). In general, it’s dangerous to attempt self-help in areas such as this, even if you are legally entitled to repossess. In this particular case, because your customer appears to dispute whether you kept up your end of the contract as well, actions taken by you that tend to exacerbate the dispute could be seen as evidence of failing to settle a business dispute in good faith, which may ultimately harm your interests should you have to go to court. Get an attorney, explain the situation to the attorney, and let the attorney advise you how to proceed.

Some states required a written contract in order to file a mechanics lien. I’ve provided a breakdown below but you can also read more here: Can I File a Lien Without a Written Contract? If a written contract is not required, it’s generally advised to work to resolve the payment dispute in order to prevent a lien from being filed.States Where Lien Law Explicitly Requires a Written Contract:ConnecticutDelawareGeorgiaKentuckyMassachusettsNew JerseyNew YorkTexasStates Where Lien Law Does Not Require a Written Contract:AlabamaAlaskaArizonaArkansasCaliforniaFloridaHawaiiIdahoIllinoisIowaKansasLouisianaMaineMarylandMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew MexicoNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandTennesseeVermontWashingtonWest VirginiaWisconsinWyomingStates Where the Lien Law Governs Contracts Based on the Amount or Type of Work:ColoradoIndianaStates Where the Lien Law Does Not Specify Contract Form Requirements:New HampshireSouth CarolinaSouth DakotaUtahVirginia