PROCEDURES FOR FILING A FREE LIEN
The amount of the free lien must be for a minimum of $2,500.00. Members should call Zea Wright or Jordan R. Pavlus to discuss liens they wish to file for lesser amounts.
Byrne, Costello & Pickard, P.C., will not be responsible for taking any further legal action beyond filing and service of the lien, unless the member requests such services in writing. This includes renewal of the lien.
The attached form, properly completed, must be received by Byrne, Costello & Pickard, P.C., at least five (5) working days in advance of filing for the lien to be filed on Onondaga County projects, and at least ten (10) working days in advance of filing for liens to be filed on projects located outside Onondaga County. Call Zea Wright or Jordan R. Pavlus with any questions about these time limits.
Byrne, Costello & Pickard P.C., will be listed as attorney for the lienor unless the lienor requests that the firm not be so listed.
Byrne, Costello & Pickard P.C., cannot file the lien if this would involve it in a conflict of interest. It is understood that Byrne, Costello & Pickard, P.C., as Chapter Attorney, may be filing liens and pursuing labor and material payment claims on behalf of other suppliers and subcontractors on the same project, and such representation shall not be deemed a conflict of interest.
The member will be billed for disbursements made in connection with the filing of the lien, including County Clerk’s fees ($20.00); certified mail; and title companycharges where required to ascertain legal description.
If Byrne, Costello & Pickard P.C., must discover some of the information required to be inserted in to the lien, including the legal descriptions, or if Byrne, Costello & Pickard P.C., is involved in performing any other services, such as negotiating a settlement, bonding off the lien, renewing the lien, suing to foreclose on it, discharging it, etc., the member is expected to pay Byrne, Costello & Pickard P.C.’s fee at ordinary rates. Please discuss this with Zea Wright or Jordan R. Pavlus if services are requested beyond the filing of the lien.