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Pennsylvania - Wayne County Claim of Mechanics Lien Forms

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Form Package
Claim of Mechanics Lien
State
Pennsylvania
Area
Wayne County
Price
$27.97
Delivery
Immediate Download

Payment Information

Included Forms

All Wayne County specific forms and documents listed below are included in your immediate download package:


Wayne County Claim of Mechanics Lien Form Page 1

Claim of Mechanics Lien Form - Wayne County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 8/4/2022

Wayne County Claim of Mechanics Lien Guide Page 1

Claim of Mechanics Lien Guide - Wayne County

Line by line guide explaining every blank on the form.
Included document last updated 8/12/2022

Wayne County Completed Example of the Claim of Mechanics Lien Document Page 1

Completed Example of the Claim of Mechanics Lien Document - Wayne County

Example of a properly completed form for reference.
Included document last updated 6/22/2022

Included Supplemental Documents

The Following Pennsylvania and Wayne County supplemental forms are included as a courtesy with your order.


Statement of Value (SOV) form (Pennsylvania Document)


REALTY TRANSFER TAX DECLARATION OF ACQUISITION (Pennsylvania Document)


Transfer Tax Information (Pennsylvania Document)


Valuation Factors / Short List (Pennsylvania Document)


Valuation Factors/Long List (Pennsylvania Document)


Certificate of Acknowledgment (Pennsylvania Document)


Jurat (Pennsylvania Document)


Frequently Asked Questions:

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  • What are supplemental forms?
    • Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
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  • Are these forms guaranteed to be recordable in Wayne County ?
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  • Are there any recurring fees involved?
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Areas covered by these Claim of Mechanics Lien Forms:

  • Wayne County

Including:

  • Beach Lake
  • Damascus
  • Equinunk
  • Gouldsboro
  • Hamlin
  • Honesdale
  • Lake Ariel
  • Lake Como
  • Lakeville
  • Lakewood
  • Milanville
  • Newfoundland
  • Orson
  • Pleasant Mount
  • Poyntelle
  • Preston Park
  • Prompton
  • South Canaan
  • South Sterling
  • Starlight
  • Starrucca
  • Sterling
  • Tyler Hill
  • Waymart
  • White Mills

What is the Pennsylvania Claim of Mechanics Lien?

Obtaining a mechanic's lien in Pennsylvania

Mechanic's Liens are governed by Title 49 of the Pennsylvania Consolidated Statutes.

A mechanic's lien is a type of security interest used to guarantee payment for work completed or materials delivered in connection with a construction contract. You might be familiar with other types of liens such as a judgment lien or tax lien. A mechanic's lien works the same way by attaching itself to the title (ownership) interest of the property and making it difficult for the owner to sell or refinance without first resolving the lien. Therefore, it's a powerful tool when it's used properly.

In Pennsylvania, the procedure for obtaining and enforcing a mechanic's lien is governed under the Mechanic's Lien Law of 1963 (49 P.S. 1101). Liens are available to general contractors, subcontractors, laborers, and material or equipment suppliers who meet the requirements for filing including sending the necessary notices of commencement and furnishing as well as the preliminary (pre-lien) notice.

A lien can be claimed for unpaid labor or materials provided for the construction, alteration, or repair that exceeds a value of $500.00 (301). The lien must reflect only the actual costs of labor or materials as well as lost profits and overhead. You cannot include items such as delay or impact damages from breach of the contract (although you may recover these in a separate lawsuit on the underlying contract).

The lien must also be filed no later than six (6) months after the lien claimant has completed work (502(a)(1)). Be sure to check the filing requirements for the clerk of courts in the county in which the property is located. You may be required to attach a cover sheet or additional documentation. Review the requirements by visiting the local court's website.

The claim for lien must include the following: (1) The name of the party claimant, and whether he files as contractor or subcontractor; (2) the name and address of the owner (or reputed owner); (3) the date on which the claimant completed its work; (4) if the claimant is a subcontractor, the name of the person with whom the claimant contracted, and the date on which the formal notice of intention to file (if required) was given; (5) if the claimant is a general contractor under a contract or contracts for an agreed sum, an identification of the contract and a general statement of the kind and character of the labor or materials furnished; (6) if the claimant is either a subcontractor or a general contractor who is not under a contract for an agreed sum, a detailed statement of the kind and character of the labor and/or materials furnished and of the prices charged for each of them; (7) the amount or sum claimed to be due; and (8) a description of the improvement and of the property claimed to be subject to the lien, as reasonably necessary to identify them. (503)

After filing, the claimant must serve the lien on the owner. Service is a necessary part of due process that allows the owner to receive notice of the pending action and an opportunity to contest it. The traditional method for serving liens in Pennsylvania is by sheriff's service, although private process servers may also be employed. Not later than twenty (20) days after the lien claim has been served upon an owner or (where applicable) posted upon the improvement, the lien claimant must file with the prothonotary (clerk of courts) either an affidavit of service or a document signed by the owner accepting service (502(a)(2)).

Once you have your lien in place, you must sue to foreclose on the lien if the owner (or reputed owner) still hasn't paid. An action to obtain judgment upon a claim filed shall be commenced within two (2) years from the date of filing unless the time be extended in writing by the owner (701(b)).

At any time after the completion of the work by a subcontractor, any owner or contractor may file a document with the court called a "rule" which orders the lien claimant to file lawsuit foreclosing on the lien within twenty (20) days of the rules service on the claimant (506(a)). If the claimant fails to file suit within that time, the lien is declared invalid.

This article is provided for informational purposes only and does not constitute legal advice. Contact an attorney with questions about the Claim of Lien, or with any other issues related to mechanic's liens in Pennsylvania.

Our Promise

The documents you receive here will meet, or exceed, the Wayne County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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