Mississippi Mechanics Lien
File a Mississippi mechanics lien to secure payment for construction work. Learn the 90-day filing deadline, the 30-day notice to the contractor, and enforcement.
Introduction
A Mississippi mechanics lien is a legal claim filed against real property by a contractor, subcontractor, or supplier who improved the property and was not paid. Once filed, the lien attaches to the property, clouds the title, and can be enforced through a court action. That security is what gives the lien its leverage, and Mississippi sets out the right at Title 85, Chapter 7. The lien only works if you perfect it on time. A subcontractor or materialman not in privity with the contractor must give the contractor written notice within 30 days after first delivering labor, services, or materials. The claim of lien must be filed within 90 days after the claimant's last work, and a copy sent to the owner within two business days of filing. You must then commence a payment action within 180 days of filing. DocDraft prepares a Mississippi mechanics lien, and attorney review is available before you file.
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Key Things to Know
- 1
A Mississippi mechanics lien secures payment against the improved property. General contractors, subcontractors, and materialmen who furnished labor, services, or materials to improve real property and were not paid can claim one under Miss. Code Ann. sections 85-7-401 to 85-7-433.
- 2
A non-privity claimant must notify the contractor. Under section 85-7-407, a subcontractor or materialman must give the contractor written notice within 30 days after first delivery, and failing to do so forfeits the lien. The general contractor is exempt.
- 3
The filing deadline is 90 days. Section 85-7-405 requires the claim of lien to be filed within 90 days after the claimant's last work or materials. A copy of the filed claim must reach the owner no later than two business days after filing.
- 4
You must sue within 180 days of filing. Section 85-7-405 requires a payment action against the party you contracted with to be commenced within 180 days from the date the claim of lien was filed for record, or the lien is no longer enforceable.
- 5
Mississippi applies the steps strictly. Missing the 30-day notice to the contractor, the 90-day filing window, or the 180-day deadline to sue generally forfeits the lien, though a separate contract claim for the unpaid amount may remain.
- 6
The claim of lien uses a statutory form. Section 85-7-405 prescribes the required form and language, and the claim must identify the owner, describe the property, and state the amount claimed.
- 7
The owner can shorten your deadline. If the owner files a Notice of Contest of Lien under section 85-7-421, the 180-day window to bring a payment action shortens to 90 days from the date the contest is filed.
Key decisions before you file
Before you file a Mechanics Lien in Mississippi, a few decisions shape the document: which option to choose and what each one means. The Mechanics Lien guide walks through them.
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Mississippi Requirements for Mechanics Lien
Mississippi Filing Deadline and Office
File the Mississippi mechanics lien in the correct office, a county recorder or court as Mississippi requires, within the state's deadline after you last furnish labor or materials. Mississippi applies the deadline strictly, so filing late or in the wrong office can void the lien.