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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3636 Introduced 2/24/2011, by Rep. Chapin Rose SYNOPSIS AS INTRODUCED:
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770 ILCS 60/34 | from Ch. 82, par. 34 |
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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.
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| | A BILL FOR |
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| | HB3636 | | LRB097 05212 AJO 45261 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Mechanics Lien Act is amended by changing |
| 5 | | Section 34 as follows:
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| 6 | | (770 ILCS 60/34) (from Ch. 82, par. 34)
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| 7 | | Sec. 34. Notice to commence suit. |
| 8 | | (a) Upon written demand of the owner, lienor, or any person
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| 9 | | interested in the real estate, or their agent or attorney, |
| 10 | | served on the
person claiming the lien, or his agent or |
| 11 | | attorney, requiring suit to be
commenced to enforce the lien or |
| 12 | | answer to be filed in a pending suit, suit
shall be commenced |
| 13 | | or answer filed within 30 days thereafter, or the lien
shall be |
| 14 | | forfeited. Such service may be by registered or certified mail,
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| 15 | | return receipt requested, or by personal service.
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| 16 | | (b) A written demand under this Section must contain the |
| 17 | | following language in at least 10 point bold face type: |
| 18 | | "Failure to respond to this notice within 30 days after |
| 19 | | receipt, as required by Section 34 of the Mechanics Lien Act, |
| 20 | | shall result in the forfeiture of the referenced lien.". |
| 21 | | (Source: P.A. 82-618.)
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