Statement of Lien Claim-Private Work

 Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for it's content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Statement of Lien Claim.

Scope: State of Minnesota, Private Works.

Time Constraints: You must have served a notice of intent to lien on the owner within the statutory time frames or you cannot lien a claim. (see Minnesota Preliminary Notice, Private Works, memo for more information).

Notice of Lien Claim: Serve your Notice of Lien Claim on the owner within 120 days after the last date of furnishing labor, materials or services.

Statement of Lien Claim: Record your Statement of Lien Claim with the county recorder's office in the county where the project is located within 120 days of the last date of furnishing labor, materials or services.

Perfection: To perfect your mechanic's lien, you must file suit against the relevant parties to foreclose the lien and enforce any bond claim within 1 year of the date of last furnishing labor, materials or services.

Payment Bond: Obtain a copy of the payment bond to determine requirements for making claim.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (don't pass these up. Estimate if necessary. In the case of Bond Claims, the lenders or sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Statement of Lien Claim, Exhibit's A-D, if needed and the Recorder's Letter.

Procedures: Within the statutory time limits, prepare your documents using the required information. File your lien claim, and send copies with your Notice of Lien Claim by certified mail immediately to the owner (a copy for the prime contractor is also in order) and a copy to the sureties, if known. At this point you are ready to file suit to enforce all of your claims in one action. Do so within 1 year of filing your Statement of Lien Claim.

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