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In both IN and MN, you should not and can not include costs and attorney fees in the mechanics lien claim amount. When you set out within the mechanics lien document the amount due and owing to you, you should only claim the principal amount due and owing to you for the materials and labor furnished to the project. Including other incurred costs or attorneys fees in the mechanics lien claim may render your claim “exaggerated,” and possibly “frivolous,” which in either event could result in the invalidation of your claim.
While you cannot include these amounts within the mechanics lien document itself, you do have the right to recover mechanics lien costs and attorneys fees. The property owner and other debtors owe these costs to you, it’s just not allowed to be a component of your lien claim. The amounts are recoverable through any litigation required to enforce the mechanics lien clam.
Please let me know if you have any further questions about this--I am happy to answer them! If not, would you kindly leave a positive rating for me at this time? It costs you nothing further to do but it is the only way the site will give me credit for my time. Thank you!
I have to go to a meeting. If you have any further questions, please just leave them for me and I will answer when I return. Thanks!
I didn't realize I have one more, CO I was very confused about navigating through this web site. It didn't allow me to ask questions before giving my answer to questions about payment. It didn't allow me to go back to the page I wanted to recheck either. I asked Lucy, Esq. earlier about three other states, the same question and thought I had free service but when I went into ask again I had to pay again. and then a figure of $80.00 was an option rather than the $44.00.and I'm not sure if the company is going to charge me for monthly service whether I ask for it or not. Was this time $4.00, $44.00, $80.00 or N/C?
I replied to you. Not sure if you got it, didn't click submit because I wanted to rate you and was afraid I would lose the page. I see my questions, do you see?
Is it me or do you agree the site is user unfriendly?
I do see, thank you, Carol. It is not just you! I have trouble navigating this site and I have been an independent contractor here for 5 years!
I did see Lucy's answer to you, and I am concerned because to me, it translated as you COULD put the costs of having to record the liens in the liens themselves. But this is not so. I think she misunderstood your question. You never want to put the costs into the liens themselves, even though you are able to ask for them later if you end up having to pursue them. You ARE able to put the interest amount into the lien. This goes for CO too.
I have no idea about your subscription or what you may or may not have paid. I did get credit for helping you because you accepted my answer. However, I am going to contact customer service right now for you and tell them to get a hold of you so they can work this out. They are a completely different division than me and I don't handle any of the billing issues.
In the meantime, please let me know if you have any more questions about the liens.