A mechanic’s lien in Idaho is filed by subcontractors and suppliers against clients who do not pay their fees. This lien, also known as a contractor’s lien, places an encumbrance on a property’s title. Lenders and buyers are alerted that the person is not allowed to sell the property lawfully.
Enforcing the lawsuit
A mechanic’s lien is enforced as a lawsuit. It is filed in the county court where the property is located. The lawsuit documents must be served on all of the defendants involved. Defendants are allowed enough time to respond to the complaint.
In Idaho, the claimant must file the lien within 90 days after providing the labor, supplies or materials. The lien must be enforced within 6 months of filing. The deadlines for mechanic liens cannot be extended and must be met to make the claim valid.
The general process
During the discovery process, the plaintiffs and defendants exchange information about the evidence they plan to present in court. Then, a trial is held during which an outcome is determined in either party’s favor.
Construction liens often result in foreclosures of the property to pay off the debts. The earnings from the sale are distributed to the plaintiff who is owed money. The entire process may take several months or years. However, without having to go to trial, a foreclosure settlement is the faster alternative option.
Forcing court action on a lien
After a project ends, the supplier, contractor or subcontractor must file a lien within 90 days. A lien must be enforced within the year after it’s filed. A mechanic’s lien is a lawsuit that leads to a foreclosure action only after it’s filed and enforced successfully.
