Bill Text: IL HB3636 | 2011-2012 | 97th General Assembly | Engrossed

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Bill Title: Amends the Illinois Mechanics Lien Act. Adds, to the provisions concerning a written demand by an owner of real estate to a mechanics lienholder stating that the lienholder must file suit within 30 days or the lien is forfeited, the requirement that this express warning be included in the written demand: the failure to respond to the notice within 30 days after receipt of the notice results in forfeiture of the lien.

Spectrum: Moderate Partisan Bill (Democrat 10-2)

Status: (Passed) 2013-02-11 - Public Act . . . . . . . . . 97-1165 [HB3636 Detail]

Download: Illinois-2011-HB3636-Engrossed.html

HB3636 EngrossedLRB097 05212 AJO 45261 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Mechanics Lien Act is amended by changing
5Section 34 as follows:
6 (770 ILCS 60/34) (from Ch. 82, par. 34)
7 Sec. 34. Notice to commence suit.
8 (a) Upon written demand of the owner, lienor, or any person
9interested in the real estate, or their agent or attorney,
10served on the person claiming the lien, or his agent or
11attorney, requiring suit to be commenced to enforce the lien or
12answer to be filed in a pending suit, suit shall be commenced
13or answer filed within 30 days thereafter, or the lien shall be
14forfeited. Such service may be by registered or certified mail,
15return receipt requested, or by personal service.
16 (b) A written demand under this Section must contain the
17following language in at least 10 point bold face type:
18"Failure to respond to this notice within 30 days after
19receipt, as required by Section 34 of the Mechanics Lien Act,
20shall result in the forfeiture of the referenced lien."
21(Source: P.A. 82-618.)