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                                                                  Facts to Remember

 Who?  A mechanic’s lien in Mississippi is sanctionable in this state for General contractors, subcontractors, material suppliers, renters of equipment, architects, engineers, and land surveyors.

When?  

 General Contractors / Design Professionals (if your contract is with the owner): File your Mississippi lien within 12 months of the date money is due for unpaid work.

Subcontractors/Suppliers (if your contract is with the prime or another sub): Just like the above for a prime, record the Mississippi lien within 12 months of the date money is due for unpaid work.

 Who Can File?  A mechanic’s lien in Mississippi is allowed for General contractors, subcontractors, material suppliers, renters of equipment, architects, engineers, and land surveyors.

 Where to Record?  Chancery Court’s Office (in county where work / material furnished).

How Long Does it Stay on Record?  A mechanics lien in Mississippi stays for 12 months from the date money is due for unpaid work.  A full lawsuit (not just a motion) to foreclose the lien is then required. We have templates for this.

Let Us Help:   If you prefer, for the same price, we will instruct you how to fill-out the Mississippi mechanic’s lien form line by line, answer questions, and give a general idea of the chances for success in enforcing the lien. (800-995-9434).

Mechanics Lien for Mississippi Law Summary:  For a more detailed discussion of Mississippi mechanics liens.

 


 

 

 

 

 

  HOW TO FILE A MISSISSIPPI MECHANIC’S LIEN

Step 1.  Fill-out the PDF and Print

 Finish the PDF “fillable” mechanic’s lien template.  It automatically captures data and prints the lien in final form. Bonus feature:  Keep on your computer: it is re-usable for other non-paying jobs.

Amount of Mississippi mechanic’s lien:  For all labor and material furnished under the base verbal or written contract, together with change orders actually performed, whether put in writing or signed. Finance charges are allowed only if included in your contract or PO and signed by the other party. If not, you still get pre-judgment interest.  But do not include specific finance charges or interest in the amount of your lien; instead express it as a possible add-on at trial. Example: “Mechanic’s lien for the principal amount of $10,550, plus finance charges / pre-judgment interest as allowed by law”.  This will be awarded later if you are the prevailing party in the Mississippi lien foreclosure suit.

It is not a good idea or precedent to reduce for freebies or discounts, as they were contingent on being paid.  With non-payment, it is no longer legal consideration for a contract modification in which the owner receives a reduced price.  Example:  In a kitchen remodel, for good customer relations you supplied some extras free:  a) a 48 bottle built-in wine cellar and b) painted the adjoining dining room with a coat of base and semi-gloss. Then you never got paid the last installment on the contract. If you supplied labor only, your Mississippi lien will add in the hourly rate under the contract. If labor and material, use cost-plus or T & M amounts in the lien.

Do not include:  A mechanics lien in Mississippi should not include in the stated amount owed: court costs and attorneys’ fees (included later if you win at trial for breach of contract); lost profits if terminated from the job; delay or impact damages; lost time or business the interruption; or anything else not constituting actual labor and materials improving the property.

Be careful.  Including unauthorized amounts can invalidate a Mississippi     mechanics lien.  Call us if you have any questions.

Step 2.  Sign and Notarize

 Executed by any person who has knowledge of the general services rendered and the costs incurred.  It does not have to be someone in the field—in other words, it can be by office personnel. For example, this could be a manager, bookkeeper, controller, job foreman, project manager, owner, co-owner, or partner. All recorded documents must be notarized.

Step 3.  Look-up Recorder’s Office

 Recording a mechanics lien in Mississippi is at the county level, not state or city.  See “Where?” above for the name of your State’s recorder. Do a Google search for the county in which the project is located.  Example: “[Name] County Clerk Recorder Register of Deeds”. Call to verify the fee and recorder’s address. Give them the city where the work was done–sometimes it is filed in different branch offices.  If you don’t know the county, Google the city—even small towns have a Wikipedia listing describing the county. Use the cover letter provided. Mail the original and one copy with a stamped self-addressed return envelope.

Legal description required? Most counties don’t require it, but if they do, we will look it up for free with any purchase.

Step 4.  Mail

Regular mail to the recorder.  Overnight if close to the filing deadline. If a general contractor, serve the Mississippi mechanics lien on the owner with a copy certified mail. If a sub or supplier, serve the owner and general with a copy certified mail. Fill-out and staple as the last page the Proof of Service (it shows proof of mailing to the owner and/or general contractor).

You’re  Done!

Call us if you have any questions about a mechanics lien in Mississippi—we’ll walk you through it. (800) 995-9434; (925) 899-8449.

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