How can I file a mechanics lien in Pennsylvania?

Question

Credit bureaus have been contacted after customer refused to pay for agreed upon services (issued a check on a non existing account). I want to lien the house so if she sells it, or tries to refinance it, I'll be paid.

Answer 1

**Bad Check Issued by Customer** -- my first step if I had a bad check issued by a customer on a non-existing account would be to file "bad check" charges against the customer. The fact that it was issued on a non-existent account makes it a criminal matter, and the District Judge will be the enforcer of the collection. The applicable portion of the Pennsylvania criminal law is 18 Consolidated Pennsylvania Statutes,
§4105, and 42 C.P.S. § 8304. Link is here: http://members.aol.com/StatutesP4/18PA4105.html, and http://members.aol.com/StatutesP4/42.Cp.83A.html

File a complaint in the District Justice's (Justice of the Peace's) Office. Usually you are required to give notice to the maker of a check by certified mail, return receipt requested that a check has been dishonored and that they have 10 days to make good on the check or bad check charges will be filed. However, if the check is drawn on a closed or non-existing account, that notice is not required.

It costs me nothing to file the bad check charges, but it would cost me to file a Mechanics Lien claim.

***Mechanics Lien Claim****

File the papers in the county Prothonotary's Office.

I am assuming that you had not previously signed a Mechanics Lien Waiver which the homeowner filed in the Prothonotary's Office. If you had signed a MLW, you cannot file a lien.

The Lien Law gives you four months after that date to file a lien claim with the Prothonotary. After you file the claim you must serve notice that you filed it upon the owner within one month, and you must file an affidavit or acceptance form indicating that you served the notice within 20 days after you complete the service, lest your claim be stricken. A filed claim is of little value if it cannot be enforced-claimants have two years after the date they file claims to commence suit thereon (this can be extended by written agreement with the owner). Finally, if a claimant does not obtain judgment upon a claim within five years after filing it, the claim is lost-a harsh outcome given litigants' inability to control court dockets, but one arguably consistent with the strict statutory nature of the Lien Law.

I recommend that you use an attorney for the mechanics lien process. However, if you choose not to use an attorney, you can find forms on the Internet. One company's forms are found here: http://www.uslegalforms.com/constructionliens/pennsylvania-mechanic-lien-forms.htm

You had stated that you wanted to put a "cloud" on the title so that the property owner would have to pay you off before the property is sold.