• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Property Lien

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

ShariB

Guest
I am interested in knowing how to file a property lien (in the state of Georgia) in the event that a customer does not pay for services we have performed. I was told by our local county courthouse that they could not tell me how to file a property lien and that I would need to contact an attorney to learn how. Is this true? If not, how does a small business go about filing one? Any information would be appreciated.
Thank you-
 


T

Tracey

Guest
Your state's laws on mechanic's liens begin at 44-14-361. [Title 44, Chapter/Section 14, section/paragraph 361 of the Georgia State Code] Your local library should have a copy of the code in the reference section.

A sample Claim of Lien is given in 361.1. You must record the claim of lien within 90 days of completion of the work, & you have to sue the owner within 12 months of filing the lien. When you record the lien, you have to send owner a copy by certified mail. Once they pay you, you have to give them a Calcellation of Lien or Affidavit of Payment. There are samples in 362 & 366.

I don't know if you can add the lien costs to your contract amount. In Washington, a lien claimant may add recording fees, & attorney fees & interest if the contract says owner has to pay fees or interest.

You may be able to sweet-talk the recorder into letting you see a sample mechanic's lien. The court clerk may also be willing to show you a lien that's gone to court. Since you are a contractor, you may want to pay an attorney to create a 'lien kit' for you (if you can't find one elsewhere). This would include sample fill-in-the-blank forms. Check with the local contractor's association.

You'll need to ask the recorder about paper size, margins, headers & footers, type size, etc.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 

JETX

Senior Member
Your post doesn't state the cause of the lien.

Is it a mechanic's lien? (if so, see Tracey's post); or
Is it a judgment lien? (as a result of a court decision); or
Is it a contractor's lien? (unpaid debt to a contractor or sub); or
Is it a 'he owes me money and I want to file a lien' lien? (if so, you need to get a judgment first)

------------------
Steve Halket
Judgment Recovery of Houston
[email protected]
-----------------------
This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!

[This message has been edited by Halket (edited July 13, 2000).]
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top