Mississippi Lien Frequently Asked Questions

What is a Mechanics’ Lien Claim?

Liens filed on private property are known as Construction Liens. When a lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property. In Mississippi there are no lien rights on public property

Who can file a Mechanics’ Lien Claim?

In Mississippi, only those with a contract with the owner can file a construction lien. First tier subcontractors and suppliers can file a stop notice, which requires the owner to hold back money from its contractor. It is inoperative if there is a bond on the project. Liens can include attorneys fees. There are no lien rights for those providing rental equipment.

Are pre-notices for a Mechanics’ Lien Claim required?

No, but it is prudent for subcontractors to record their written contract in the Chancery Clerk’s office in the county where the project is located. This gives the owner actual or constructive notice that the subcontractor is a potential claimant. LienItNow.com will handle the recording of the contract for subcontractors for a fee of $50.00.

Can you file a Mechanics’ Lien Claim without a pre-notice?

Sometimes. A laborer who did not file a notice of furnishing has no lien rights.

When should a Mechanics’ Lien Claim be filed?

How much does it cost to file a Mechanics’ Lien Claim or Stop Notice?

LienItNow.com prepares, files and serves Mississippi Construction Liens and Stop Notices for a fee of $250.00.

Do I need a written contract?

The Mississippi lien law does not cite a need for a written contract. Although not required, a general contractor, subcontractor or supplier may record their written contract in the Chancery Clerk’s office of the county in which the project is located.

How does filing a Mechanics’ Lien Claim help me get my money?

On a private project, a construction lien claim places an encumbrance on the property that makes it difficult to resell or re-finance the property without first removing the lien. A stop notice requires the owner to hold the funds that are due to the contractor for the benefit of subcontractors.

What is a Stop Notice and why should it be filed?

LienItNow.com prepares and serves Mississippi Stop Notices for a fee of $100.00. A Stop Notice is sent to the owner and requires it to withhold sufficient money to satisfy the stop notice claim. The purpose of the Stop Notice is to provide the lender, financiers or funders of the construction project notice that there is money owed to a subcontractor or supplier so that an inquiry can be made as to why that money is not being paid.

What is an Amendment to a Mechanics’ Lien Claim?

LienItNow.com prepares, files and serves Mississippi Amendments to Mechanics’ Lien Claims for a fee of $225.00.  Amendments to a mechanics’ lien claim are often needed when something about the lien claim changes.  Common changes to a lien claim are increases or reductions in the amount due to the lienor, or a change to the last date of work.

When should a Discharge of Mechanics’ Lien claim be filed?

LienItNow.com prepares, files and serves Mississippi Discharges of Mechanics’ Lien Claims for a fee of $75.00.  Once the lienor has been paid the amount contained in its lien claim, or has come to an agreement that requires the lien claim to be removed from the property records, a Discharge of Mechanics’ Lien Claim should be filed.

What is a lis pendens notice?

A lis pendens notice is an additional notice that gets filed in order to provide notice to the public that there is a claim against the interest of the property. A lis pendens notice should always be filed in addition to a lien notice or stop payment notice. LienItNow.com files lis pendens notices for a fee of $100.00.

Can I file a Bond Claim on the Project?

LienItNow.com prepares, files and serves Mississippi Bond Claims for a fee of $250.00.  Bond claims can only be filed on a project where the owner, contractor or subcontractor have obtained a payment bond to ensure that every contractor receives payment for the work performed on the Project. The payment bonds issued by sureties for construction projects have specific timing requirements, but most require claimants to submit claims against the bond within sixty to ninety days from the claimants’ last date of work. Bond claims as or more effective than a lien claim because the payment bond acts as a guarantee that payment will be made for work properly completed.

Do I need to file a Pre-Notice to make a claim against a payment bond?

LienItNow.com prepares, files and serves Mississippi Pre-Notices for bond claims for a fee of $50.00.  Depending on the terms of the payment bond, pre-notices may or may not be required.  LienItNow.com recommends that, prior to or immediately after starting work or delivering materials to a project, subcontractors and suppliers, file a pre-notice that it is a potential beneficiary of the construction project’s bond.