Case Note: Service of Mechanic's Lien Statements Are Effective Upon Mailing
By: JOSEPH G. SPRINGER
June 2005
The Minnesota Supreme Court recently clarified a procedural issue under the Minnesota Mechanic's Lien statute. Under the statute, a mechanic's lien claimant must serve a copy of the mechanic's lien statement upon the property owner, either personally or by certified mail, within 120 days after the last date of work. In Eischen Cabinet Co. v. Hildebrandt, the contractor served the mechanic's lien notice on the property owner by certified mail within the 120-day period, but it was not received until later. Both the trial court and the Minnesota Court of Appeals ruled the lien was invalid because the homeowner had not actually received the statement within the 120-day period. The Minnesota Supreme Court, reversed, holding that service of the mechanic's lien statement by certified mail is effective upon mailing. In doing so, it overruled conflicting decisions and finally resolved this issue.