Fill and Sign the Free Legal Form Complaint to Foreclose a Mechanics Lien

IN THE ______________ COURT OF ____________________ (County), __________________ (State) ____________________________(Name of Plaintiff) PLAINTIFF V. CAUSE NO. _______,________ ____________________________(Name of Defendant) DEFENDANT 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.
(the plaintiff in this case, by and through his attorneys, is the architect and general contractor.) 5. Plaintiff has a lien against the above- described real property at the rate of ten percent (10%) of the purchase price of said real property, or on the failure of the purchaser to make payment in full within forty-eight (48) hours after the contract was made, the lien will be at the rate of twenty-eight (28) percent (twenty-eight percent) of the purchase price of said real property. Exhibit an is a schedule of the specific materials and labor furnished by plaintiff to defendant under the contract, and the dates on which the items of materials and labor were furnished by plaintiff to defendant, marked exhibit a, and which is attached as a part of this complaint. 6. By and through his attorneys, and prior to the receipt of the money in question, the defendant entered into this contract with plaintiff. 7. The contract provided, in substance, as follows: (a) the materials and labor furnished by plaintiff to defendant under the above- mentioned written contract were to be used in the construction of the above- described real property on the above-described premises occupied and used by plaintiff, to wit: (i) the materials furnished by plaintiff for the building of the said real property consist of three (3) foot square wood planks, one inch thick and eight (8) inch wide, three (3) foot square hardwood boards, one inch thick and eight (8) inch wide, one (1) foot square concrete block, two (2) foot square concrete blocks, one (1) foot square concrete block, and one (1) foot square brick, mortar, and flooring material, all the following materials: (i) three (3) foot square wood planks, one inch thick and eight (8) inch wide, (ii) one (1) foot square concrete block, (iii) one (1) foot square concrete block and one (1) foot square brick, mortar, and flooring material, and (iv) six (6) six inch strips of one inch square hardwood board, each four-and four (4) inches long by (diameter of) fifteen (15) inches wide. 8. By and through his attorneys, and prior to the receipt of the money in question, defendant and the other party therein, pursuant to the above- mentioned oral agreement, entered into the following written contract with the plaintiff: “this