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Illinois Compiled Statutes

770 ILCS 60/34 (2026)

Notice to commence suit

✓ current as of May 2026
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(770 ILCS 60/34) (from Ch. 82, par. 34)
    Sec. 34. Notice to commence suit.
    (a) Upon written demand of the owner, lienor, a recorder under Section 3-5010.8 of the Counties Code, or any person interested in the real estate, or their agent or attorney, served on the person claiming the lien, or his agent or attorney, requiring suit to be commenced to enforce the lien or answer to be filed in a pending suit, suit shall be commenced or answer filed within 30 days thereafter, or the lien shall be forfeited. Such service may be by registered or certified mail, return receipt requested, or by personal service.
    (b) A written demand under this Section must contain the following language in at least 10 point bold face type: "Failure to respond to this notice within 30 days after receipt, as required by Section 34 of the Mechanics Lien Act, shall result in the forfeiture of the referenced lien."
(Source: P.A. 100-1061, eff. 1-1-19.)

    
Notes of Decisions
Cited in 18 cases (2 in the last 5 years), 1994–2021 · leading case: Krzyminski v. Dziadkowiec, 695 N.E.2d 1275 (Ill. App. Ct. 1998).
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Krzyminski v. Dziadkowiec, 695 N.E.2d 1275 (Ill. App. Ct. 1998). · cites it 10× “On appeal, the following issue is raised: whether an owner's demand pursuant to section 34 of the Illinois Mechanics Lien Act (the Act) (770 ILCS 60/34 (West 1996)) to a contractor to file suit to enforce the contractor's lien within 30 days is effective in causing the…”
Gateway Concrete Forming Sys., Inc. v. Dynaprop XVIII: State Street LLC, 826 N.E.2d 1051 (Ill. App. Ct. 2005). · cites it 4× “The trial court ruled that plaintiff forfeited its mechanic’s lien by failing to commence an action to foreclose on the lien within 30 days of receiving a written demand to sue from Dynaprop XVIII: State Street LLC (Dynaprop) and MB Financial Bank (MB Financial) (collectively…”
La Hood v. Cent. Illinois Constr., Inc., 781 N.E.2d 585 (Ill. App. Ct. 2002). · cites it 3× “JUSTICE BRESLIN delivered the opinion of the court: The issue on appeal is whether a party to a construction contract waives its contractual right to compel arbitration when it files a mechanics lien, then requests arbitration, but subsequently files an action pursuant to…”
Illinois Concrete-I.C.I., Inc. v. Storefitters, Inc., 922 N.E.2d 542 (Ill. App. Ct. 2010). · cites it 6× “Defendants then served upon plaintiff a notice pursuant to section 34 of the Mechanics Lien Act (Act) (770 ILCS 60/34 (West 2008)). That section provides, in relevant part: “Upon written demand of the owner, lienor, or any person interested in the real estate, or their agent or…”
Vernon Hills III Ltd. P'ship v. St. Paul Fire & Marine Ins. Co., 678 N.E.2d 374 (Ill. App. Ct. 1997). · cites it 3× “The trial court ruled that Bucon forfeited its mechanic’s lien by failing to commence an action to foreclose the lien within 30 days after receipt of VHLP’s written demand to sue, as required by section 34 of the Mechanics Lien Act (the Act) (770 ILCS 60/34 (West 1994)). On…”
Lake Cnty. Grading Co., LLC v. Forever Constr., Inc., 2017 IL App (2d) 160359 (Ill. App. Ct. 2017). · cites it 3× “Mechanic’s Lien Foreclosure -4- 2017 IL App (2d) 160359 ¶ 16 On February 14, 2012, Waukegan Savings served LCG with a demand under section 34(a) of the Act (section 34 demand) (770 ILCS 60/34(a) (West 2012)) to foreclose on the lien or risk abandoning it, and LCG timely filed a…”
Bristow v. Westmore Builders, Inc., 640 N.E.2d 339 (Ill. App. Ct. 1994). · cites it 3× “The sole issue raised on appeal is whether plaintiff forfeited his mechanic’s lien claim against defendants by failing to file his complaint to enforce the respective liens within the time limitations prescribed in section 34 of the Mechanics Lien Act (770 ILCS 60/34 (West…”
TSP-Hope, Inc. v. Home Innovators of Illinois, LLC, 890 N.E.2d 1220 (Ill. App. Ct. 2008). “A lienholder forfeits its mechanic’s lien if it fails to commence an action to foreclose the lien within 30 days after receipt of the owner’s written demand to sue as required by section 34 of the Mechanics Lien Act (Act) (770 ILCS 60/34 (West 2006)). Vernon Hills III Ltd.”
Lake Cnty. Grading Co., LLC v. Forever Constr., Inc., 2017 IL App (2d) 160359 (Ill. App. Ct. 2017). · cites it 2× “Mechanic’s Lien Foreclosure ¶ 16 On February 14, 2012, Waukegan Savings served LCG with a demand under section 34(a) of the Act (section 34 demand) (770 ILCS 60/34(a) (West 2012)) to foreclose on the lien or risk abandoning it, and LCG timely filed a complaint to initiate this…”
Chicago Whirly, Inc. v. Amp Rite Elec. Co., Inc., 710 N.E.2d 45 (Ill. App. Ct. 1999). · cites it 3× “770 ILCS 60/34 (West 1996). Defendant notified plaintiff that it could not file suit to enforce its lien because Cinaco Builders was a necessary party to such an action and the automatic stay in bankruptcy prevented the filing of such an action against it.”
CB Constr. & Design, LLC v. Atlas Brookview, LLC, 2021 IL App (1st) 200924 (Ill. App. Ct. 2021). “1-20-0924 served CB with a section 34 (770 ILCS 60/34 (West 2018)) demand to file suit within 30 days.”
CB Constr. & Design, LLC v. Atlas Brookview, LLC, 2021 IL App (1st) 200924 (Ill. App. Ct. 2021). “On July 15, 2019, Atlas served CB with a section 34 (770 ILCS 60/34 (West 2018)) demand to file suit within 30 days.”
Show all 18 citing cases →
— 770 ILCS 60/34(a) — 3 cases
Lake Cnty. Grading Co., LLC v. Forever Constr., Inc., 2017 IL App (2d) 160359 (Ill. App. Ct. 2017). “Mechanic’s Lien Foreclosure -4- 2017 IL App (2d) 160359 ¶ 16 On February 14, 2012, Waukegan Savings served LCG with a demand under section 34(a) of the Act (section 34 demand) (770 ILCS 60/34(a) (West 2012)) to foreclose on the lien or risk abandoning it, and LCG timely filed a…”
Lake Cnty. Grading Co., LLC v. Forever Constr., Inc., 2017 IL App (2d) 160359 (Ill. App. Ct. 2017). “Mechanic’s Lien Foreclosure ¶ 16 On February 14, 2012, Waukegan Savings served LCG with a demand under section 34(a) of the Act (section 34 demand) (770 ILCS 60/34(a) (West 2012)) to foreclose on the lien or risk abandoning it, and LCG timely filed a complaint to initiate this…”
Hayden v. Adams, 2020 IL App (1st) 191411-U (Ill. App. Ct. 2020).
— 770 ILCS 60/34(b) — 1 case
Hayden v. Adams, 2020 IL App (1st) 191411-U (Ill. App. Ct. 2020).
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