Chapter 770 — LIENS

(770 ILCS 45/2) (from Ch. 82, par. 41) Sec. 2. Such lien shall cease at the expiration of 60 days from the date of the delivery of such chattel to the owner thereof, or his duly authorized agent, unless the lien claimant shall within 60 days, file in the office of the recorder of…

(770 ILCS 45/3) (from Ch. 82, par. 42) Sec. 3. Upon presentation of such notice to the recorder of any county, it shall be the duty of the recorder to file the same in his office and to index the same in a book to be kept by him for that purpose and called "index of liens upon ch…

(770 ILCS 45/4) (from Ch. 82, par. 43) Sec. 4. The lien created by this Act shall be subject to the lien of any bona fide security interest as defined in the Uniform Commercial Code upon the same chattel recorded prior to the commencement of any lien herein created, but the lien …

(770 ILCS 45/5) (from Ch. 82, par. 44) Sec. 5. Any lien provided for in this Act may be released and discharged by the lien claimant, or his agent, filing with the recorder of deeds a satisfaction piece, which shall be acknowledged in the same manner as provided by law for the ac…

(770 ILCS 45/6) (from Ch. 82, par. 45) Sec. 6. Liens provided for in this Act may be foreclosed by an action in the circuit court of any county in the State of Illinois, or they may be foreclosed by advertisement and sale of the chattel, subject to the lien, in the following mann…

(770 ILCS 45/7) (from Ch. 82, par. 46) Sec. 7. In all cases where suit is brought in the Circuit Court of any county in the State of Illinois for the purpose of foreclosing the lien herein provided, the court shall, upon entering judgment for the plaintiff, allow as a part of the…

(770 ILCS 45/8) (from Ch. 82, par. 47) Sec. 8. The invalidity of any section or sections of this Act shall not affect the validity of the remainder of this Act. If for any reason section 6 of this Act shall be held to be invalid, the liens provided for in this Act may be foreclos…

(770 ILCS 50/0.01) (from Ch. 82, par. 47.9) Sec. 0.01. Short title. This Act may be cited as the Labor and Storage Lien (Small Amount) Act. (Source: P.A. 86-1324.)

(770 ILCS 50/1) (from Ch. 82, par. 47a) Sec. 1. Every person expending labor, services, skill or material upon or furnishing storage for any chattel at the request of or with the consent of its owner, authorized agent of the owner, or lawful possessor thereof, in the amount of $2…

(770 ILCS 50/1.5) Sec. 1.5. Storage fees; notice to lienholder of record. (a) Any person, firm, or private corporation seeking to impose fees in connection with the furnishing of storage for a vehicle in the person's, firm's, or corporation's possession must provide written notic…

(770 ILCS 50/2) (from Ch. 82, par. 47b) Sec. 2. Unless the chattel is redeemed within 90 days of the completion of the expenditure of such labor, services, skill, or material or furnishing of storage, or within 90 days of the date agreed upon for redemption, the lien may be enfor…

(770 ILCS 50/3) (from Ch. 82, par. 47c) Sec. 3. Such sale shall be held only after giving 30 days' notice of the time and place of such sale, by publication once in some newspaper of general circulation in the city, village, or incorporated town in which such lienor expended such…

(770 ILCS 50/4) (from Ch. 82, par. 47d) Sec. 4. If the chattel or chattels are not redeemed within 30 days after the publication of the notice required by Section 3 of this Act, the lienor may sell such articles at a commercially reasonable public or private sale conducted so as …

(770 ILCS 50/5) (from Ch. 82, par. 47e) Sec. 5. Conformity to the requirements of this Act shall be a perpetual bar to any action against such lienor by any person for the recovery of such chattels or of the value thereof, or of any damages growing out of the failure of such pers…

(770 ILCS 50/6) (from Ch. 82, par. 47f) Sec. 6. The purpose and intent of this Act is to provide an inexpensive means of enforcing liens for small amounts, and to that end the provisions of this Act shall be construed to create a lien in addition to, and shall not exclude, any li…

(770 ILCS 55/0.01) (from Ch. 82, par. 48.9) Sec. 0.01. Short title. This Act may be cited as the Liens Against Railroads Act. (Source: P.A. 86-1324.)

(770 ILCS 55/1) (from Ch. 82, par. 49) Sec. 1. All persons who may have furnished or who shall hereafter furnish to any railroad corporation now existing or hereafter to be organized under the laws of this State, any fuel, ties, material, supplies, or other article or thing neces…

(770 ILCS 55/2) (from Ch. 82, par. 50) Sec. 2. Every person who shall hereafter, as sub-contractor, material man, or laborer, furnish to any contractor with any such railroad corporation any fuel, ties, materials, supplies, or any other article or thing, or who shall do and perfo…

(770 ILCS 55/3) (from Ch. 82, par. 51) Sec. 3. The person performing such labor, or furnishing such material, shall cause a notice, in writing, to be served on the president or secretary of such railroad corporation, substantially as follows, viz.: To .... president, (or secretar…

(770 ILCS 55/4) (from Ch. 82, par. 52) Sec. 4. If neither the president or the secretary of such railroad corporation shall reside or can be found in the county in which the sub-contract was made, or labor performed, the laborer, or person furnishing labor or material, shall file…

(770 ILCS 55/5) (from Ch. 82, par. 53) Sec. 5. If the money due the person having given notice shall not be paid within 10 days after the money shall become due and payable, then such person may commence an action therefor, in the circuit court, against the corporation with which…

(770 ILCS 55/6) (from Ch. 82, par. 54) Sec. 6. Whenever any suit, so brought, shall be determined in favor of the plaintiff, the court shall allow $20 attorney's fees to be taxed as costs. (Source: Laws 1965, p. 3586.)

(770 ILCS 55/7) (from Ch. 82, par. 55) Sec. 7. Should the original contractor in any case fail to complete the contract, any person entitled to a lien may file a complaint in the circuit court in any county through which the road may be constructed, against the railroad corporati…

(770 ILCS 55/8) (from Ch. 82, par. 56) Sec. 8. The lien hereby created shall continue for 3 months from the time of the performance of the sub-contract, or doing of the work or furnishing the material as aforesaid, except when suit shall be commenced by petition as aforesaid, and…

(770 ILCS 60/0.01) (from Ch. 82, par. 0.01) Sec. 0.01. Short title. This Act may be cited as the Mechanics Lien Act. (Source: P.A. 86-1324.)

(770 ILCS 60/1) (from Ch. 82, par. 1) Sec. 1. Contractor defined; amount of lien; waiver of lien; attachment of lien; agreement to waive; when not enforceable. (a) Any person who shall by any contract or contracts, express or implied, or partly expressed or implied, with the owne…

(770 ILCS 60/1.1) Sec. 1.1. (Repealed). (Source: P.A. 87-361. Repealed by P.A. 94-627, eff. 1-1-06.)

(770 ILCS 60/1.2) Sec. 1.2. Rental equipment liens. In addition to persons who would otherwise have a lien under this Act, any person, whether contractor or subcontractor, who leases construction equipment to another for use in the process of constructing a specific improvement t…

(770 ILCS 60/10) (from Ch. 82, par. 10) Sec. 10. Suits may be instituted under the provisions of this act in favor of administrators or executors, and may be maintained against the representatives in the interest of those against whom the cause of action accrued, and in suits ins…

(770 ILCS 60/11) (from Ch. 82, par. 11) Sec. 11. Averments in pleading; parties; dismissal; notice. (a) Any pleading asserting a claim for lien shall contain (i) a brief statement of the contract or contracts to which the person (hereinafter called the "claimant") asserting a cla…

(770 ILCS 60/12) (from Ch. 82, par. 12) Sec. 12. The court shall permit amendments to any part of the pleadings, and may issue process, make all orders, requiring parties to appear, and requiring notice to be given, that are or may be authorized in other civil actions and shall h…

(770 ILCS 60/13) (from Ch. 82, par. 13) Sec. 13. Defendant shall answer as in other civil actions. (a) The owner may make any defense against the contractor by way of counter claim that he could in any civil action for the payment of money, and may have the same right of recovery…

(770 ILCS 60/14) (from Ch. 82, par. 14) Sec. 14. In no case shall the want of preparation for trial of one claim delay the trial in respect to others, but trial shall be had upon issues between such parties as are prepared without references to issue between other parties; and wh…

(770 ILCS 60/15) (from Ch. 82, par. 15) Sec. 15. Upon all questions arising between different contractors having liens under this act, no preference shall be given to him whose contract was made first, except the claim of any person for wages by him personally performed, shall be…

(770 ILCS 60/16) (from Ch. 82, par. 16) Sec. 16. No incumbrance upon land, created before or after the making of the contract for improvements under the provisions of this act, shall operate upon the building erected, or materials furnished until a lien in favor of the persons ha…

(770 ILCS 60/17) (from Ch. 82, par. 17) Sec. 17. Costs. (a) The costs of proceedings as between all parties to the suit shall be taxed equitably against the losing party, and where taxed against more than one party, shall be so taxed against all in favor of the proper party but e…

(770 ILCS 60/18) (from Ch. 82, par. 18) Sec. 18. Whatever right or estate such owner had in the land at the time of making the contract may be sold in the same manner as other sales of real estate are made under orders of court. If any part of the premises can be separated from t…

(770 ILCS 60/19) (from Ch. 82, par. 19) Sec. 19. The court shall ascertain the amount due each lien creditor and shall direct the application of the proceeds of sale to be made to each in proportion to their several amounts, according to the provisions of this act, but the claims…

(770 ILCS 60/2) (from Ch. 82, par. 2) Sec. 2. Labor, services, material, fixtures, apparatus or machinery, forms or form work furnished by mistake. Any person furnishing labor, services, material, fixtures, apparatus or machinery, forms or form work for the erection of a building…

(770 ILCS 60/20) (from Ch. 82, par. 20) Sec. 20. Upon all sales under this Act the right of redemption shall exist in favor of the same persons, and may be made in the same manner as is or may be provided for redemption of real estate from sales under judgments for the payment of…

(770 ILCS 60/21) (from Ch. 82, par. 21) Sec. 21. Subcontractor defined; lien of subcontractor; notice; size of type; service of notice; amount of lien; default by contractor. (a) Subject to the provisions of Section 5, every mechanic, worker, or other person who shall furnish any…

(770 ILCS 60/21.01) (from Ch. 82, par. 21.01) Sec. 21.01. Failure of contractor to pay sub-contractor; fraud; penalty. Any contractor, or if the contractor is a corporation any officer or employee thereof, who with intent to defraud induces a subcontractor, as defined in Section …

(770 ILCS 60/21.02) Sec. 21.02. Construction Trust Funds. (a) Money held in trust; trustees. Any owner, contractor, subcontractor, or supplier of any tier who requests or requires the execution and delivery of a waiver of mechanics lien by any person who furnishes labor, services…

(770 ILCS 60/22) (from Ch. 82, par. 22) Sec. 22. Partners or joint contractors; sub-letting of contract; statement by sub-contractor; failure to provide; penalty. Whenever, after a contract has been made, the contractor shall associate one or more persons as partners or joint con…

(770 ILCS 60/23) (from Ch. 82, par. 23) Sec. 23. Liens against public funds. (a) For the purpose of this Section "contractor" includes any sub-contractor; "State" includes any department, board or commission thereof, or other person financing and constructing any public improveme…

(770 ILCS 60/24) (from Ch. 82, par. 24) Sec. 24. Written notice by subcontractor; service; when notice not necessary; form of notice. (a) Subcontractors, or parties furnishing labor, materials, fixtures, apparatus, machinery, or services, may at any time after making his or her c…

(770 ILCS 60/25) (from Ch. 82, par. 25) Sec. 25. Notice to persons not found or not residing in county. (a) In all cases where the owner of record, his or her agent, architect, or superintendent or lending agency, if known, cannot, upon reasonable diligence, be found in the count…

(770 ILCS 60/26) (from Ch. 82, par. 26) Sec. 26. Claim for wages as laborer preferred. The claim of any person for wages under Sections 21 and 22 of this Act shall be a preferred lien. (Source: P.A. 94-627, eff. 1-1-06.)

(770 ILCS 60/27) (from Ch. 82, par. 27) Sec. 27. When the owner or his agent is notified as provided in this Act, he shall retain from any money due or to become due the contractor, an amount sufficient to pay all demands that are or will become due such sub-contractor, tradesman…

(770 ILCS 60/28) (from Ch. 82, par. 28) Sec. 28. Suits by laborers, materialmen or sub-contractors. If any money due to the laborers, materialmen, or sub-contractors be not paid within 10 days after his notice is served as provided in Sections 5, 24, and 25, then such person may …