Hilliard, OH asked in Business Law and Real Estate Law for Ohio

Q: Who to file a lien against, the service location or the business that hired us?

I am in Ohio. My company performed a service at a business location. The company that hired us is an entirely different company, a contractor for the business location. The company that hired us refuses to pay us. We are going to file a lien, but need to know if we can file the lien on the property where the service was performed, or does it have to be against the company that hired us? We are hoping that once the business location finds out they will make the other company pay. Thanks for any advice!

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2 Lawyer Answers
Joseph Jaap
Joseph Jaap
Answered
  • Cincinnati, OH
  • Licensed in Ohio

A: The mechanic's lien must be recorded in the county recorder's office against the real estate on which the work was done using the proper legal description. There are very specific requirements and time limits to file a valid lien. Use the Find a Lawyer tab to retain a local real estate attorney to advise you and follow the proper lien process, or else the lien might not be valid.

Kelly A Rochotte agrees with this answer

Kelly A Rochotte
Kelly A Rochotte
Answered
  • Cleveland, OH
  • Licensed in Ohio

A: You must file a mechanic's lien against the property that had the benefit of the work performed. An attorney in your county can assist you with this, as different counties will have different local preferences for the forms generally required. I'm concurring with Attorney Jaap's answer here as well regarding the fact that there are specific time limits in which you can do this. It is best to consult with an attorney.

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