A mechanics lien guarantees the unpaid party a security interest in the property. Contractors, builders, and suppliers who do not get paid for work done on a construction project can file this legal claim to obtain payment.
New York’s Construction Lien § 11 does not require the plaintiff to inform the property owner when filing a mechanics lien. However, a copy of the lien must be served to the owner either five days before or within 30 days after filing the notice of lien.
Proof of service must also be submitted to the court within 35 days of filing the lien. Likewise, the service of process in NY should be done by a certified process server.
Acceptable Methods for Serving a Mechanics Lien in New York
The New York Supreme Court approves the following methods when serving a copy of the mechanics lien:
For natural persons:
- a) Personal delivery to the intended recipient, or if the person cannot be found, to their attorney or agent
- b) Leaving the document with a person of suitable age and discretion at the recipient’s last known address in the city or town where the real property is located
- c) Sending the documents via registered or certified mail to the recipient’s last known address
- d) If the aforementioned methods are not possible, affixing the documents on the real property between 9 a.m. and 4 p.m.
For corporations:
- a) Delivering a copy to the president, vice-president, secretary/clerk to the corporation, cashier, treasurer, director, or managing agent, within NY
- b) If none of the aforementioned officers are available, affixing a copy of the document on the real property between 9 a.m. and 4 p.m.
- c) Sending via registered or certified mail to the corporation’s last known address
Don’t Forget to File an Affidavit of Service
After serving the lien documents, the process server must fill out an Affidavit of Service that details how, when, and where the papers were served. Failure to submit the affidavit to the county clerk within 35 days after filing the lien in court results in the termination of the mechanics lien.
How to File a NY Mechanics Lien Claim
The lien document must be filed in the county clerk’s office where the property is located. If it is located in two or more counties, a lien needs to be filed with the clerks of both counties.
The deadline for filing depends on the type of project you are working on. For instance, single-family residential units have a 4-month filing window while commercial properties have 8 months. The countdown begins from the time the project was completed or the final furnishing of the labor or materials.
Seamless Process Serving in New York
Ensure safe and secure delivery of mechanics liens with the help of reputable process servers in New York. At Serve Index LLC, we take care of everything, from serving the papers and completing the affidavit of service to filing the documents in court and mailing you the original copy.
When you work with us, expect real-time updates on service progress, reliable GPS tracking, and email status notifications. We also provide same-day service for urgent cases.
Beyond mechanics liens, we also serve other legal documents, including subpoenas, motions, divorce papers, landlord or tenant notices, eviction notices, and civil action suits.
For timely service of mechanics liens and other legal documents, call us at 1-888-994-6339 or complete our online form.