QUESTION

Which is better a small claims case or mechanics lein

Asked on Apr 08th, 2021 on Breach of Contract - Illinois
More details to this question:
I paint houses and client fired me through a text while I was sick and now refuses to pay what I'm due. She wants to pay me $500 and the bill is $1000. I told her I'd compromise AGAIN and accept $850. She told me to file a lawsuit
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1 ANSWER

Appellate Practice Attorney serving New York, NY
The two are not mutually inconsistent.  As a painter, you may have a right to a statutory lien, but I am not sure of Illinois law in this regard (I think it would be an artisan't lien, not a mechanic's lien).  If there is no statute giving you the right to assert a lien, and you have no contract giving you that right, you can only assert a lien after you obtain a judgment in a law suit.  At any rate, the lien only gives you a security interest, it doesn't get paid until you either foreclose on it in a lawsuit or the homeowner decides to satisfy it, usually when they sell the home.  In contrast, if you win and obtain a judgment in a lawsuit, you will not only have a judgment lien on the house (assuming that Illinois works the same way as NY), you will be able to use various collection mechanisms to help you collect on your judgment.
Answered on Apr 09th, 2021 at 11:33 AM

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