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NOTICE TO COMMENCE SUIT INDIVIDUAL (Ohio Revised Code Section 1311-2025

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The document is a legal notice under Ohio Revised Code Section 1311.11, informing a lienholder to commence a lawsuit regarding a lien on specified real property. It outlines the responsibilities of the lienholder to initiate legal action within sixty days to avoid the lien being deemed void. The document includes sections for acknowledgment by a notary public and details about the parties involved.

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Do you have to file a notice of commencement in Ohio?

Yes. Ohio statutes are strict and clear that a Notice of Commencement is required and shall be recorded prior to the commencement of work on private projects, other than projects where the improvement is the subject of a home purchase contract.

What happens if you dont file a notice of commencement in Ohio?

The owner, part owner, or lessee who fails to serve the notice pursuant to this section is liable to any subcontractor or material supplier who becomes a lien claimant for all actual expenses incurred by the lien claimant in obtaining the information that would have been contained in the notice.

How do I fight a mechanics lien on my property in Ohio?

Aside from paying off a lien, a homeowner generally has three options for dealing with a mechanics lien: put up a bond to remove the lien from the property, force the lienholders hand by making them sue on the lien (and in turn have the lien removed if a lawsuit is not filed), or sue the lienholder for wrongfully

Who files the notice of commencement?

Typically, a Notice of Commencement is filed by the property owner or another top-of-chain party on a construction project such as the prime contractor.

What does commence suit mean?

n. an action (a lawsuit) commences (begins officially) when the party suing files a written complaint or petition with the clerk of the court.

Who may be required to file a notice of furnishing in Ohio?

Parties who have no direct contractual relationship with the property owner are obligated to serve an Ohio Notice of Furnishing. However, this requirement only stands if the property owner files a valid Notice of Commencement.

Who prepares the notice of commencement in Ohio?

(A) Prior to the performance of any labor or work or the furnishing of any materials in furtherance of a public improvement, the public authority shall prepare a notice of commencement in substantially the form specified in division (B) of this section which shall be made readily available to the public upon request.

What is the Ohio Revised Code 1311?

(1) No original contractor, subcontractor, material supplier, or laborer has a lien to secure payment for labor or work performed or materials furnished by the contractor, subcontractor, material supplier, or laborer, in connection with a home construction contract between the original contractor and the owner, part

NOTICE TO COMMENCE SUIT INDIVIDUAL (Ohio Revised Code Section 1311-2025

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