Constitutional Due Process And Mechanics’ Liens: Do Public Mechanic’s Lien Laws Stand Up To The Challenge?

    While the United States Supreme Court has not directly ruled on the constitutionality of mechanic’s lien statutes, it has issued a series of decisions on the constitutionality of various pre- and post-judgment attachment statutes, providing the foundation for many states to assess the adequacy of their lien laws. The factors considered by the Court to balance the need to protect an unpaid creditor with the harm to the debtor caused by an improper attachment of its property include the requirements to obtain the attachment, the speed with which the debtor can force a hearing to remove the attachment, and the right of the debtor to bond off the attachment. These factors have been used by various state supreme courts to evaluate the constitutionality of their state’s private mechanic’s lien law, but this same analysis has not occurred with respect to the constitutionality of public mechanic’s lien laws.  This article summarizes the due process requirements handed down by the U.S. Supreme Court, analyzes the application of those requirements to the challenges of private lien laws, and then applies the principles derived from these cases to several public lien law statutes to determine whether they would likely withstand a constitutional challenge. 

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http://www.jdsupra.com/legalnews/constitutional-due-process-and-mechanics-30977/