Ohio § 1311.88

§ 1311.88.

(A) To commence proceedings to enforce a lien, a broker shall comply with all of the

following: (1) The broker shall file a complaint in the common pleas court in the county where the

lien property is located. (2)(a) The complaint shall be filed within two years following the recording of the lien

affidavit as provided in division (B) of section 1311.87 of the Revised Code . (b) Failure to file a complaint within the time specified in this division extinguishes

the lien, in which case no subsequent lien affidavit may be recorded for the same

claim and the claim may not be asserted in any proceeding under this section. (3) A complaint shall identify the contract upon which the lien is based and the date

of the contract, describe the services performed by the broker pursuant to the contract,

specify the unpaid amounts due to the broker pursuant to the contract, specify the

address of the lien property, and have a copy of the contract attached. (4) The broker shall name as defendants in the complaint all parties that have a legal

or equitable interest in the lien property of whom the broker has knowledge. (B)(1) The owner may demand that the broker commence a suit to enforce a broker's lien by

serving a written notice of demand on the broker by personal delivery or by certified

mail, commercial carrier service, or any other method that includes written evidence

of receipt. (2) If the broker does not commence the suit within twenty-eight days after receipt of

the notice of demand, the lien is extinguished. (C) In an action based on a broker's lien, a court shall assess the nonprevailing parties

with all costs and reasonable attorney's fees incurred by the prevailing parties.  If the broker prevails, the assessed costs and attorney's fees shall include all

those incurred by the broker to perfect and enforce the broker lien including any

litigation costs and any prejudgment interest due.  The court shall equitably apportion the assessed costs, attorney's fees, and prejudgment

interest among all responsible nonprevailing parties.