Home  >  Construction Law  >  Mechanic's Liens, Attested Accounts, and Bonds  >  Demand to File Suit Under Ohio's Mechanic's Lien Law

Demand to File Suit Under Ohio's Mechanic's Lien Law

posted by Michael Fortney  |  Dec 16, 2009 7:59 PM in Construction Law:Mechanic's Liens, Attested Accounts, and Bonds

Demand to file suit.  

The owner, mortgagee, any other person with an interest in real property upon which a lien has been taken, and any contractor who has provided a bond may notify the lienholder to commence suit on the lien by giving written notice to the lienholder (a) at the address of the lienholder shown in the mechanics’ lien, (b) through his agent indicated on the affidavit of lien, (c) or at any later address of the lienholder that has been delivered in writing to the party demanding suit.  R.C. 1311.11.

If suit is not commenced within 60 days of the service of the demand to file suit, the lien is void and the property wholly discharged from the lien.  R.C. 1311.11(B).

Service of the demand to file suit must be made by the sheriff, but the party demanding suit can request the sheriff to serve by certified mail.  If notice is sent by certified mail, serve is complete upon receipt.  If service is sent by certified mail, but service is refused, the sheriff can mail a second copy by ordinary mail.  Service will be deemed complete upon mailing if the mail envelope is not returned within 14 days with an endorsement showing failure of delivery.

When service of the demand is made, the person who sought serve must record an affidavit setting forth the manner of service and attaching a copy of the demand with proof of service within 30 days after service is completed.  R.C. 1311.11(B).

 


Revision History

Most Recent Articles

Ohio Court of Appeals Clarifies Time for Serving Notice of Furnishing under Mechanic's Lien Law In a case litigated by Michael L. and Michael R. Fortney of Stark & Knoll, the Court of Appeals for Ohio’s Ni ...
NLRB Declares Chipotle Company Policies Unlawful An Administrative Law Judge (ALJ) for the National Labor Relations Board (NLRB) issued her ruling in the Chipotle case ...
Ohio Court of Appeals Upholds Arbitrator’s Authority When Arguably Construing or Applying Contract A recent ruling by the Ninth District Court of Appeals ruled that a trial court cannot vacate an arbitration award beca ...
Ohio Supreme Court Upholds Liquidated Damages Provisions in Construction Contracts The Ohio Supreme Court overturned the Fourth District Court of Appeals' holding that a $700 per day liquidated dama ...
2nd Circuit Agrees with NLRB; Facebook "like"s are Protected Activity In 2014 the National Labor Relations Board (NLRB) issued its ruling in  Triple Play Sports Bar . It decided that&n ...