Complaint to Foreclose a Mechanics Lien

Complaint or Petition to Foreclose on Mechanic's Lien

IN THE COURT OF (County), (State)

Complaint or Petition to Foreclose on Mechanic's Lien

COMES NOW (Name of Plaintiff), Plaintiff in the above-styled and numbered cause, by and through his attorneys, and files this his Complaint against Defendant, (Name of Defendant), and in support thereof would show unto the Court the following matters and facts:

1. Plaintiff is an adult resident citizen of

(city, county, state).

2. Defendant is an adult resident citizen of

(city, county, state).

3. On or about (date), Plaintiff and Defendant entered a contract under the terms and provisions of which Plaintiff furnished to Defendant certain materials and labor. A schedule of the specific items of materials and labor furnished by Plaintiff to Defendant under the contract, and the dates on which the items were furnished by Plaintiff to Defendant, marked Exhibit A, is attached and made a part of this Complaint.

4. All of the materials and labor described in Exhibit A were used by Defendant in the construction of (describe structure) on the above-described real property owned by Defendant.

5. Defendant now owes Plaintiff $ for the materials and labor described in Exhibit A, and used in the construction of Defendant's

(structure).

6. On (date), within days after Plaintiff ceased to perform labor for and furnish materials to Defendant, Plaintiff filed (e.g., a notice of lien) with (specify county officer)

in accordance with (cite appropriate statute). A copy of (e.g., the notice of lien)

marked Exhibit B, is attached and made a part of this Complaint.

7. Plaintiff has complied with all provisions of law relating to the filing and perfecting of a mechanic's lien.

8. Plaintiff claims a lien on Defendant's (e.g., structure) and real property to secure payment of the $ still due and owing from Defendant to Plaintiff for the materials and labor used in the construction of the (e.g., structure)

on Defendant's real property. Plaintiff has performed all terms and conditions of the contract on Plaintiff's part to be performed.

WHEREFORE, Plaintiff requests:

1. Judgment that Defendant's above-described (e.g., structure)

and the real property be sold and the proceeds applied to discharge Plaintiff's lien;

2. That Plaintiff be awarded costs of suit; and

3. That the court grant Plaintiff such other and further relief as the nature of this case may require.