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).

We hope you enjoy the photos on this page and find them interesting. The photos were taken by Peter Gostelow during a bicycle tour while in Tibet. You can see more of Peter's photos at www.petergostelow.com.

Contact Us

Michael Fortney Neil Klingshirn Joseph Spoonster
Michael Fortney
Construction Law, Employment and Labor Law, Business Law, Litigation, Arbitration

Articles

Arbitrator's Remedy Must Not be Contrary to Established Law When an arbitrator awards a remedy that is contrary to established law and contrary to the remedy provided in the agree ...
Employers Must Submit BWC Settlement Claims by October 22, 2014 Group-rated employers who received a settlement claim form from the San Allen Inc. v. Bureau of Worker's Compensati ...
Facebook "Like"ing a Facebook post may be a protected concerted activity under federal labor law, meaning an employer ...
COSTCO Sued by EEOC for Sex Harassment based on Customer's Advances Retail giant Costco, a multi-billion dollar wholesaler with operations in eight countries, has been violating federal l ...
Easily Create a Table of Authorities for a legal brief with Microsoft Word As a fresh law school graduate I remember well what we did and did not learn in law school. Writing was very high on th ...