MAKE YOUR FREE Mechanic's Lien
What is a Mechanic's Lien?
When to use a Mechanic's Lien:
- You completed construction work and you haven't been paid by the client.
- You are a subcontractor who has not been paid by the contractor.
- You are a supplier who has not been paid for materials.
- You have not been paid for professional services such as architectural services.
Sample Mechanic's Lien
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Warning!
THIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN PLACED ON THE REAL PROPERTY LISTED HEREIN. UNLESS THE OWNER OF SUCH PROPERTY TAKES ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR ONE YEAR FROM THE DATE OF RECORDING, AND SHALL EXPIRE AND BECOME NULL AND VOID THEREAFTER UNLESS LEGAL PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE OR TO DISCHARGE THIS LIEN.
Notice of Affidavit of Mechanic's Lien Claim of Lien on Real Property(Claim of Lien)Section 713.08, Florida Statutes
(Ohio Rev. Code §1311.06)
This claim of lien expires and is void 395 days from the date of filing of the claim of lien if no notice of commencement of lien action is filed in that time period.
Notice is hereby given that on , , of , , , a Contractor, commenced services at the located at , , in the County of , State of , more specifically known and legally described as:
The undersigned, , being first duly sworn, whose address is , , , a Contractor, states that on he performed labor or work and provided certain material in furtherance of an improvement located at , , in the County of , State of , more specifically known and legally described as:
Lienor Claimant under Section 3082 et. Seq. of the Civil Code of the State of California. To Lienors knowledge and belief, is the fee simple owner of the real property this claim is against.original contract amount, including extras, totals . To date the has received payment in the total amount of , leaving a remaining balance of . For this reason, claims a construction lien upon the above described real property in the amount of Lienor Claimant The Lienor served the applicable Notice To Owner on , by .That all labor and materials included in this claim where provided and used in the improvement of the real property described herein. Further, eight (8) months (four (4) months for a single family unit) have not elapsed since the date services where completed and the last item furnished.
Notice and Claim of Lien
Mechanic's Lien Claim
under Section 3082 et. Seq. of the Civil Code of the State of California. A copy of the Contract signed by the parties is attached.A copy of the Contract signed by the parties along with any change orders or modifications are attached.The Claimant served the Preliminary Twenty Day Notice upon the required parties according to section 33-992.01 on . A copy of the Preliminary Twenty Day Notice and the Proof of Mailing are attached as proof of notification.
The Claimant served notice upon the required parties according to Mo. Ann. Stat. § 429.012 and/or § 429.013 on . A copy of the Notice to Owner and/or Consent of Owner and the Proof of Mailing are attached as proof of notification.
Claimant hereby certifies that he has served the party mentioned above () in accordance with the requirements of G.S. 44A11.
, Claimant
| Claimant is a: |
Enclosures
, COUNTY OF PARISH OF
On this _____ day of ____________________, _____, before me, ______________________________, the undersigned officer, personally appeared , known to me (or proved to me on the oath of ______________________________) to be the person who is described in and who executed the within and foregoing Affidavit, and being first duly sworn on oath according to law, deposes and says that he/she has read the foregoing Affidavit subscribed by him/her, and that the matters stated herein are true to the best of his/her information, knowledge and belief.
Before me, a Notary Public (or justice of the peace) in and for said county, personally appeared the above named , who acknowledged that he/she did sign the foregoing Affidavit, and being first duly sworn on oath according to law, deposes and says that he/she has read the foregoing Affidavit subscribed by him/her, and that the matters stated herein are true to the best of his/her information, knowledge and belief. In testimony whereof, I have hereunto subscribed my name at ________________________________, this _____ day of ____________________, _____.
The foregoing Affidavit was acknowledged before me this _____ day of ____________________, _____, by , who, being first duly sworn on oath according to law, deposes and says that he/she has read the foregoing Affidavit subscribed by him/her, and that the matters stated herein are true to the best of his/her information, knowledge and belief.
The foregoing Affidavit was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this _____ day of ____________________, _____ by , who is personally known to me or who have produced ________________________________ as identification, and being first duly sworn on oath according to law, deposes and says that he/she has read the foregoing Affidavit subscribed by him/her, and that the matters stated herein are true to the best of his/her information, knowledge and belief.
This Affidavit was acknowledged before me on this _____ day of ____________________, _____ by , who, being first duly sworn on oath according to law, deposes and says that he/she has read the foregoing Affidavit subscribed by him/her, and that the matters stated herein are true to the best of his/her information, knowledge and belief.
On this _____ day of ____________________, _____, before me personally appeared , to me known to be the person described in and who executed the foregoing Affidavit, and, being first duly sworn on oath according to law, deposes and says that he/she has read the foregoing Affidavit subscribed by him/her, and that the matters stated herein are true to the best of his/her information, knowledge and belief.
On this _____ day of ____________________, _____, before me, ________________________________, personally appeared , known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within Affidavit, and, being first duly sworn on oath according to law, deposes and says that he/she has read the foregoing Affidavit subscribed by him/her, and that the matters stated herein are true to the best of his/her information, knowledge and belief.
On this _____ day of ____________________, _____, before me, the undersigned, Notary Public for the State of Vermont, personally appeared , to me known (or to me proved) to be the identical person named in and who executed the above Affidavit, who, being first duly sworn on oath according to law, deposes and says that he/she has read the foregoing Affidavit subscribed by him/her, and that the matters stated herein are true to the best of his/her information, knowledge and belief.
The foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by , who, being first duly sworn on oath according to law, deposes and says that he/she has read the foregoing Affidavit subscribed by him/her, and that the matters stated herein are true to the best of his/her information, knowledge and belief.
In witness whereof I hereunto set my hand and official seal.
____________________________________
Notary Public
Signature of person taking acknowledgment
_________________________________
Name typed, printed, or stamped
Title (and Rank)
_________________________________
Title or rank
My commission expires _____________
_________________________________
Serial number (if applicable)
Serial number, if any
Notary Address:
_________________________________
_________________________________
_________________________________
| _________________________________ |
A notary public or other officer completing this certificate verifies only the identity of the individual(s) who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On ____________________ before me, ________________________________, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within Affidavit and acknowledged to me that he/she executed the same in his/her authorized capacity, and who, being first duly sworn on oath according to law, deposes and says that he/she has read the foregoing Affidavit subscribed by him/her, and that the matters stated herein are true to the best of his/her information, knowledge and belief.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
________________________________________ (Notary Seal)
Signature of Notary Public
You are hereby given Notice of Subcontractor's Intent to Claim a Mechanic's Lien pursuant to Md. Code Ann., Real Prop. Art. Section 9-101 et seq.
I do solemnly declare and affirm under the penalties of perjury that the contents of the State of Maryland that the foregoing notice is true to the best of knowledge, information, and belief.
You are hereby given Notice of Subcontractor's Intent to Claim a Mechanic's Lien pursuant to Md. Code Ann., Real Prop. Art. Section 9-101 et seq.
I do solemnly declare and affirm under the penalties of perjury that the contents of the State of Maryland that the foregoing notice is true to the best of knowledge, information, and belief.
original contract amount, including extras, totals . To date the has received payment in the total amount of , leaving a remaining balance of . For this reason, claims a construction lien upon the above described real property in the amount of
I do solemnly declare and affirm under the penalties of perjury that the contents of the State of Maryland that the foregoing notice is true to the best of knowledge, information, and belief.
Claimant
Claimant:
was and is subcontractor with who was and is general contractor for the furnishing of materials and doing of the work and labor, necessary to the completion of on that certain building (or other structure or improvement as the case may be), owned by you and situate on , , and whose legal description is as follows:
This Notice is a first step in establishing a Contractor's right to claim a Lien. A formal Complaint for enforcement of this Notice of Lien may be filed if the amount due is not paid in full. If you need to make changes to this Notice outside of the interview, you will be able to make changes online or in Word format in the Document Manager at the end of the process.
A Prime Contractor's lien continues for one year after the date the improvement is completed or is abandoned and until the final decision of any suit properly brought within that time for its enforcement. The prime contractor should file a Notice to Owner before the project begins.
A Remote Contractor's lien, lien filed by someone who did not sign a contract directly with the Property Owner, continues for 90 days from the date of service of the Notice of Lien and until the final termination of any suit properly brought within that time for its enforcement.
For Remote Contractors to acquire a lien for work, labor, materials, services, equipment or machinery, a Remote Contractor serve a Notice of Nonpayment on the Owner and Prime Contractor no later than 90 days from each month in which it provided work, labor, materials, services, equipment or machinery to the improvement and for which it intends to claim a lien, and. The Remote Contractor must also serve this Notice of Lien on the Owner of the property. Remote contractors who furnished work, labor, materials, services, equipment or machinery to single-family, two-family, three-family and four-family residential units do not need to serve a Notice of Nonpayment.
The Notice of Lien, must be made served no later than 90 days after the date of completion or abandonment of the improvement.
The title of your final document may have changed from Mechanic's Lien as your state may refer to the document by a different name.
Prior to filing your Claim of Lien make sure you have completed and served the Notice to Owner. This would also be a good time to find your copy of the Notice of Commencement you served at the start of the construction project and any proof of service you may have. If you did not complete and serve a Notice of Commencement at the start of the project you should use Rocket Lawyer's Find a Lawyer service to contact a local attorney to ensure you meet the requirements necessary for filing a Claim of Lien in the state of Florida.
Prior to filing this Mechanic's Lien the Contractor should ensure the required Notice to Owner was either included in the original Construction Contract, provided when the materials were delivered, provided when work starts or delivered with the first invoice as required by Missouri Law. If this Notice was not provided as required you should user Rocket Lawyer's Find a Lawyer service to locate an attorney for advice on how to proceed.
While a Contractor typically has 6 months from the date the last labor or material was provided to file a Mechanic's Lien, if the Owner records a Notice of Intended Sale the Contractor must provide a Notice of Rights 5 days prior to the date of closing set forth in the Notice of Intended Sale in order to maintain their right to file a lien. If the Contractor has received Notice of Intended Sale and failed to complete the Notice of Rights in the allotted time, the Contractor should contact an attorney for advice on how to proceed.
Once signed in front of a notary, this document must be served upon all appropriate parties before it can be recorded. Verify your state's timelines and restrictions concerning filing your document.
This document must be served upon all appropriate parties before it can be recorded.
The Proof of Service Affidavit(s) must be completed and recorded with the document. Use Rocket Lawyer's Affidavit of Service to record with your document. Service must be by (1) registered mail, (2) certified mail, or (3) first-class mail evidenced by a certificate of mailing, postage prepaid, and to a residence or business address for the owner, lender or contractor.
For additional proof, you can attach a copy of any written agreement, contract, or notice sent to the owner to the Affidavit prior to recording.
This Notice and Claim of Lien should only be filed if the Preliminary Twenty Day Notice has been served on the property Owner. The Preliminary Twenty Day Notice should have been filed within 20 days of first providing services, labor or materials. If you did not serve the Notice within the allotted timeframe you should use Rocket Lawyer's Find a Lawyer search engine to locate an attorney who can help you determine your rights.
Registered, or Torrens, property is property that has been titled with the register of lands and has a certificate of title. To file a Mechanic's Lien against registered property, a certified copy of the judgment lien must also be filed with the Register of Titles according to Minn. Stat. 508.63, and Minn. Stat. 508A.63.
The recording of a Mechanic's Lien Statement must be completed within 120 days after the last day work was done or materials were supplied on a job.
A Notice of Lien Rights must be first served on the Owner. The deadline for this notice is either within 10, 30 or 60 days of the first date that the claimant provided labor or materials to the property, dependent upon the notice. If this Notice has not been served you should use Rocket Lawyer's Find an Attorney search engine to locate an attorney who can assist you further.
The Owner must be provided with a Notice of Intent to File a Lien. This noticed must be served at least thirty (30) days prior to the filing of this Claim for Lien, and within 5 months of the last date that the Claimant provided labor or materials to the property.
The Claimant must file an original and two signed copies this Claim for Lien with the clerk of circuit court in the county where the property is located. This must be done no later than six months from the date that the Claimant last performed substantial work on or provided materials to the property.
No later than 30 days after the date that the Claim for Lien was filed, copies of the Claim for Lien which have been stamped by the Clerk of Court must be served on the Owner by either personal service, or registered or certified mail, return receipt requested.
No later than two years from the date the Claim for Lien was filed with the Clerk of Court, a Claimant must file a lawsuit to enforce the lien.
In accordance with Indiana Code 32-28-3-5, once this Notice is served and recorded a lien is formed on the property identified in the Notice. Once this statement has been filed, a Contractor can proceed with filing suit against the Property Owner should the Owner fail to make payment for services rendered.
This Notice must be filed within 60 days of the last date the Contractor or Supplier provided labor, materials or equipment to the job site. The Notice should be recorded in the county from the property is located.
Anyone who provides material, labor or machinery for original construction of a single or double-family dwelling for a property that the Owner intends to reside at, and who has not directly contracted with the Owner, must provide a written notice of the delivery of materials or of labor performed and of the existence of lien rights no later than 60-days after the date of first delivery or of labor performed. This 60 day requirement does not apply to commercial constructions projects.
In most cases a Complaint of suit must be filed within one year filing the Statement of Intention and Notice of Lien. However, if the Claimant and Owner signed an agreement for a credit as defined by Indiana Code Section 32-28-3-6(a)(2), then the time for filing the Complaint expired one year from the expiration date of the credit.
Once signed in front of a notary, this document must be served upon all appropriate parties before it can be recorded. Verify Indiana state timelines and restrictions concerning filing your Notice of Lien as these limits changes from time to time.
A Proof of Service or Affidavit of Service must be completed and recorded with the Notice of Lien. This Affidavit must reflect the date all required parties were served with a copy of this Notice of Lien. Use Rocket Lawyer's Affidavit of Service to record with your Notice of Lien. Service of the Mechanic's Lien and Notice of Mechanic's Lien must be by (1) registered mail, (2) certified mail, or (3) first-class mail evidenced by a certificate of mailing, postage prepaid, and to a residence or business address for the owner, lender or contractor.
For additional proof, you can attach a copy of any written agreement, contract, or notice sent to the owner to the Affidavit prior to recording.
Your final document includes a Notice of Non-Payment to Owner and your Mechanic's Lien. Because this construction project was performed on residential property, the Claimant is required to serve the Owner with a Notice of Non-Payment at least ten (10) days prior to serving and filing their Lien.
Use Rocket Lawyer's Affidavit of Service to document service of the required document(s) on the Owner.
Once filed you will have started the process necessary to obtain a Mechanic's Lien on the property. This Petition must be filed no later than 180 days after the work was finished or the materials furnished. You will need to follow up with the court to ensure that all additional steps are taken to complete the Mechanic's Lien process.
Once served, this Mechanic's Lien should be recorded in the county where the property is located. In order to enforce a Mechanic's Lien the Affiant will need to file a Petition with the court. Use Rocket Lawyer On Call™ to find an attorney who can assist in you in preparing your Petition.
This Claim of Lien must be filed within 75 days of completing work on the property. In addition, the Notice of Claim of Lien must be served on the Property Owner within 20 days of filing the Claim of Lien.
The State of Kentucky requires the Claimant file their Mechanic's Lien with the County Clerk and mail a copy to the property Owner within six (6) months of the end date of providing labor or materials. The Owners copy of the Mechanic's lien must be served within seven (7) days of filing the statement with the County Clerk.
This Mechanic's Lien and the Notice of Claim of Mechanic's Lien must be served on the property owner within 20 days of filing with this court.
This Mechanic's Lien Certificate must be filed within 90 days of completing the services. If you have missed this deadline you should use Rocket Lawyer On Call™ to locate an attorney to assist you further.
This document includes a Notice of Filing Certificate of Mechanic's Lien which should be served on the Property Owner along with the Certificate of Mechanic's Lien within 30 days of filing the Certificate of Mechanic's Lien with the County Clerk or Recorder.
You can use Rocket Lawyer's Affidavit of Service to show proof of service to show proof of service of this Lien.
This Mechanic's Lien must be filed within 90 days of completing the services. If you have missed this deadline you should use Rocket Lawyer On Call™ to locate an attorney to assist you further.
A Statement of Account showing all charges and credits must be attached to this Lien. Use Rocket Lawyer's Statement of Account to fulfill this requirement.
The Claimant has 2 years from the 90 day mark after services were completed to file a formal Complaint to enforce the Mechanic's Lien. Use Rocket Lawyer On Call™ for additional assistance when you are ready to proceed with starting this formal legal action.
This Notice and Affidavit of Construction Lien and Notice to Owner must be filed and served upon the Owner within 1 year of completing the services. If you have missed this deadline you should use Rocket Lawyer On Call™ to locate an attorney to assist you further.
You can use Rocket Lawyer's Affidavit of Service to show proof of service to show proof of service of this Lien.
This Claim of Lien must be filed within 120 days of completing the services. If you have missed this deadline you should use Rocket Lawyer On Call™ to locate an attorney to assist you further.
This document includes a Notice of Intent to File Claim of Lien which should be served on the Property Owner 10 days prior to filing and serving the Claim of Lien.
IMPORTANT. A Statement of Account must be attached to the Claim of Lien. You can use Rocket Lawyer's Statement of Account if you do not have a verified Statement of Account. In addition to the Statement of Account a copy of all invoices or statements provided to the Owner must be attached to the Claim of Lien.
The Affidavit of Notice provided with your Mechanic's Lien must be signed and attached to your Lien. This Affidavit along with the attached copy of the Notice to Owner provided to the Property Owner, must accompany the Claim of Lien.
You can use Rocket Lawyer's Affidavit of Service to show proof of service to show proof of service of this Lien.
This Mechanic's Lien must be filed within 4 months of completing services. If you have missed this deadline you should use Rocket Lawyer On Call™ to locate an attorney to assist you further.
You can use Rocket Lawyer's Affidavit of Service to show proof of service to show proof of service of this Lien.
This Mechanic's Lien must be filed within 90 days of filing any Notice of Completion or within 180 days of completing the services or last providing materials.
The included Notice to Owner must be mailed to the Owner within 30 days of recoding the Mechanic's Lien. You can use Rocket Lawyer's Affidavit of Service to document and provide proof of service on the Owner.
The Notice of Right to Claim Lien should be mailed to the Owner prior to recording and filing this Lien.
The Lien must be filed within 180 days of the date the last service was provided. Once recorded, the Owner must be served with a copy of the Lien.
This Claim of Lien must be filed within 90 days of completing services. If you have missed this deadline you should use Rocket Lawyer On Call™ to locate an attorney to assist you further.
A copy of the Claim of Lien must be served on the property Owner within 5 days of filing. You can use Rocket Lawyer's Affidavit of Service to show proof of service to show proof of service of this Lien.
The Notice of Right to Claim Lien should be mailed to the Owner a minimum of 10 days prior to recording and filing this Lien.
The Lien must be filed within 90 days of the date the last service was provided. Once recorded, the Owner must be served with a copy of the Lien.
The Lien is only valid for 6 months. Within the 6 month period the Claimant must start and complete formal legal action to collect on the lien or the lien will expire.
The Lien must be filed within 120 days of the date the last service was provided. Once recorded, the Owner must be served with a copy of the Lien.
A copy of the contract signed by the Claimant and a copy of all invoices must be attached to the Mechanic's Lien. If you do not have copies of the invoices you can use Rocket Lawyer's Statement of Account to create an itemized statement to attach to your Mechanic's Lien.
The Owner must receive the Notice of Intent to File Lien a minimum of 10 days before the Mechanic's Lien is filed.
The Mechanic's Lien must be filed within 180 days of completing work or providing materials for the project. Once filed, the Lien remains in effect for 180 days or until formal legal proceedings are commenced to collect the money owed.
Within 5 days of filing the Mechanic's Lien and all attachments must be served on the Owner along with the included Notice of Filing Lien. These documents must be served by certified mail, return receipt requested. You can use Rocket Lawyer's Affidavit of Service to document proof of service.
When to Consult a Lawyer
The state of Louisiana requires that all Primary Contractors serve the Owner with a Notice of Lien rights prior to starting work on any residential property improvements. If this Notice was not provided you should seek the advice on an attorney before attempting to file your Mechanic's Lien. Use Rocket Lawyer's On Call™ service to connect with an attorney in your area.
Prior to filing starting work on the construction project certain notices must be served on the Property Owner in order for the Contractor, Subcontractor, Laborer or Supplier to maintain its rights to file a Claim of Lien. A Contractor must have provided Consumer Protection Notice, Notice of Procedure and Information Notice to Owner about Construction Liens. A Subcontractor must provide the Owner with a Notice of Right to a Lien. If these Notices were not served prior to or on the day the original Construction Contract was filed, an attorney should be contacted before proceeding as the rights of the Claimant to a lien may no longer be valid.
Remember, this Mechanic's Lien is the start of a process to collect funds owed. This lien will only remain in effect for 120 days after filed unless formal legal proceedings are commenced. Once you are ready to file formal legal action, use Rocket Lawyer's On Call™ service to connect with an attorney in your area.
Remember the Claimant has 1 year from the date of completing services to file a formal legal action to enforce their Lien. This is the same deadline for filing the Notice and Affidavit of Construction Lien. If you have missed this deadline, use Rocket Lawyer's On Call™ service to connect with an attorney in your area.
Mechanic's Lien FAQs
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How do Mechanic's Liens work?
If you supplied materials and/or labor to a project for which you have not been paid, a Mechanic's Lien is a legal option available to you that puts the debtor on notice of your intent to pursue your legal right to attach a lien to their property. If they still fail to remit payment, you can actually file a lien against the property. The lien gives you additional legal rights, such as the right to be paid before the property can be sold or mortgaged. There are two general types of Mechanic's Liens, a non-possession and a possession lien. A non-possession lien works when the entity that provided the service or materials does not have possession or hold title to the property. For example, a plumber who installed the plumbing in a new construction build. When filed, the lien is against the property. A possession lien is best when the entity providing the service has the property in their possession. A mechanic who performed repairs on a vehicle, for example, and still has the vehicle in their possession. In this case, the mechanic may have the legal right to hold the property until paid.
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Is a Mechanic's Lien document right for me?
Some of the most common situations in which a Mechanic's Lien document may be used include:
- You completed construction work and you have not been paid by the client.
- You are a subcontractor who has not been paid by the contractor.
- You are a supplier who has not been paid for materials.
- You have not been paid for professional services such as architectural services.
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How do I get a Mechanic's Lien?
The process and procedure for obtaining a Mechanic's Lien will differ somewhat by state; however, most states require a preliminary notice in order to pursue a Mechanic's Lien. This is submitted prior to the work being performed or materials being delivered and reserves the right to file a Mechanic's Lien at a later date. Also referred to as a Notice to Owner, Notice of Furnishing or Notice of Right to Lien, a preliminary notice is typically a document you file with your county recorder's office.
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What happens when a Mechanic's Lien document is filed?
In most states, you must file for a Mechanic's Lien within 60 to 90 days of the time you stopped receiving payment for your work and/or materials. Once the Mechanic's Lien document is filed with the county recorder and has been served on the debtor, the lien attaches to the property for the duration allowable by law which differs by state but is typically six months to a year. The debtor can only remove the lien by satisfying the debt or by agreement of the parties.
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Does a Mechanic's Lien affect your credit?
A Mechanic's Lien is treated as a judgment and is a derogatory mark on your payment history. Consequently, having a Mechanic's Lien on your credit history will negatively impact your credit score.
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Can I complete a Mechanic's Lien document online for free?
Rocket Layer lets you draft a Mechanic's Lien document online for free. All you need to do is go through the document interview process and fill in some basic information. Once you have completed your Mechanic's Lien, you can access it anytime, anywhere, on any device. As a Rocket Lawyer Premium member, you can also copy, edit, download, or print it anytime. You can also use your Rocket Lawyer membership to have your Mechanic's Lien document reviewed by an experienced On Call attorney from our nationwide network.
