Serving a Mechanic's Lien

Mechanic’s Liens are uncommon but still used. They allow a contractor or subcontractor to secure payment for work they completed on a property.

Service can be made either before or after filing the Notice of Lien with the County Clerk. If the lien is served before being filed, the Notice of Lien, together with Affidavit of Service, must be filed within 5 days of service. If the lien is filed before serving, the Notice of Lien must be served, and the Affidavit of Service filed, within 30 days after the lien has been filed.

The Mechanic’s Liens are served upon the owner of the property.

If the owner of the property is a person, you would serve them by:

• Delivering the lien to him personally. See Serving a Person (CPLR 308).
• If the owner cannot be found, you may serve his agent. See Serving a Person's Agent.
• If the owner cannot be found, you may serve his attorney. See Serving an Attorney.
• Leaving it at his last known place of residence, if that residence is located in the same city or town where the property subject to the lien is located.
• Sending the lien by registered or certified mail to his last known place of residence.
• If you cannot accomplish service by any method above, you may affix a copy of the lien conspicuously upon the property between the hours of 9 AM and 4 PM.

If the owner of the property is a business/corporation, you would serve them by:

• The same method as serving any business/corporation, except that the authorized owner or officer must be served within the state. See Serving a Business.
• Sending the lien by registered or certified mail to its last known place of business.
• If you cannot accomplish service by any method above, you may affix a copy of the lien conspicuously upon the property between the hours of 9 AM and 4 PM.