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

posted by Michael Fortney  |  Dec 16, 2009 9:59 PM in Construction Law

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).

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