Notice to Lienholder to Commence Suit
(Mechanics' Lien) (Private Project) (OH)

Summary

This notice to lienholder to commence suit template may be used to demand that a party who has placed a mechanic's lien on privately-owned real property in Ohio commence suit within 60 days. This template contains practical guidance and drafting notes. In Ohio, an owner, part owner, lessee, mortgagee, or any other party who has an interest in real property on which a mechanic's lien has been placed, or any original contractor or subcontractor who has provided a bond or other security for the lien, has the right to notify the lienholder, in writing, to commence suit on the lien within 60 days. See Ohio Rev. Code Ann. § 1311.11(A)-(B). If the lienholder fails to commence suit within 60 days of service of the notice, the lien is void and the property is discharged from the lien. See Ohio Rev. Code Ann. § 1311.11(B). The notice to commence suit must be served by a sheriff in the manner set forth in Ohio Rev. Code Ann. § 1311.11(A). Within 30 days after service is completed, the person who sought service must (1) execute an affidavit setting forth the manner in which service was accomplished, (2) attach to the affidavit a copy of the notice with the sheriff's return endorsed on it or with a certified mail return receipt, and (3) file the documents with the county recorder where the property is located. See Ohio Rev. Code Ann. § 1311.11(B). For further guidance see Mechanic's Liens (OH). For a notice to commence suit on a lien placed on a public project, see Notice to Commence Suit Regarding Public Improvement (Mechanic’s Lien) (OH). For a full listing of key content covering mechanic's liens, see Mechanic's Lien Resource Kit.