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Home / Opinion Digests / Mechanic’s lien without suit is not abuse of process (access required)

Mechanic’s lien without suit is not abuse of process (access required)

The filing of a mechanic’s lien, without an accompanying enforcement action, does not give rise to a claim for abuse of process because no judicial authority is involved. Defendants’ demurrer to this claim is sustained. Overview The “narrow issue” in this case is whether “the filing of a memorandum of mechanic’s lien, without the institution of an enforcement ...