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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. 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. 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. 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. 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. 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. 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. 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.

Open the Mechanics Lien guide

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CLAIM OF LIEN (MISSISSIPPI)

Filed under Miss. Code Ann. sections 85-7-401 to 85-7-433. The undersigned claimant files this Claim of Lien against the real property described below to secure payment for labor, services, or materials furnished to improve that property.

  1. CLAIMANT Name: [CLAIMANT NAME] Role: [CONTRACTOR / SUBCONTRACTOR / MATERIALMAN] Address: [CLAIMANT ADDRESS]

  2. OWNER OR REPUTED OWNER Name: [OWNER NAME] Address: [OWNER ADDRESS]

  3. PROPERTY Street address: [PROPERTY ADDRESS]. Legal description: [LEGAL DESCRIPTION]. County: [COUNTY].

  4. HIRING PARTY The claimant furnished the work under contract with, or at the request of: [PERSON OR COMPANY THAT ORDERED THE WORK].

  5. WORK OR MATERIALS FURNISHED Description: [DESCRIPTION OF THE LABOR, SERVICES, OR MATERIALS PROVIDED]. Date first furnished: [FIRST DATE]. Date last furnished: [LAST DATE].

  6. AMOUNT CLAIMED The amount unpaid and now due, after deducting all just credits and offsets, is: $[AMOUNT].

  7. NOTICE TO CONTRACTOR (IF NOT IN PRIVITY) If the claimant is not in privity with the contractor, written notice was given to the contractor on: [DATE], within 30 days after first delivery (Miss. Code Ann. section 85-7-407).

  8. VERIFICATION The undersigned states under penalty of perjury that they have read this Claim of Lien and that the facts stated in it are true of their own knowledge.

Claimant signature: [SIGNATURE] Printed name and title: [NAME AND TITLE] Date: [DATE]

[NOTARY ACKNOWLEDGMENT]

FILING AND SERVICE: File this Claim of Lien with the clerk of the chancery court for the county where the property is located within 90 days after the claimant's last work, labor, services, or materials, and send a true and accurate copy to the owner by registered or certified mail or statutory overnight delivery no later than two business days after filing (Miss. Code Ann. section 85-7-405). A payment action against the party you contracted with must be commenced within 180 days of filing, or 90 days if the owner files a Notice of Contest of Lien.

Note: This Mississippi claim of lien follows Miss. Code Ann. sections 85-7-401 to 85-7-433. Confirm the current statutory form, contents, and deadlines, or have this reviewed by an attorney, before you file.

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.

Frequently Asked Questions

A Mississippi mechanics lien is a legal claim that a contractor, subcontractor, or materialman files against a property they improved but were not paid for. It attaches to the real estate, clouds the title so the owner cannot easily sell or refinance, and can be enforced by a court action. It is governed by Miss. Code Ann. sections 85-7-401 to 85-7-433.

General contractors, subcontractors, and materialmen who provided labor, services, or materials to improve real property and were not paid can file. A claimant who is not in privity of contract with the contractor must first give the contractor written notice within 30 days of first delivery, or the lien right is lost. A contractor in privity with the owner does not give that notice.

You have 90 days. Section 85-7-405 requires the claim of lien to be filed within 90 days after the claimant's last work performed or labor, services, or materials provided. Filing is done with the clerk of the chancery court for the county where the property sits, and a copy must reach the owner within two business days of filing.

If you are not in privity with the contractor, yes. Section 85-7-407 requires a subcontractor or materialman to give the contractor written notice within 30 days following the first delivery of labor, services, or materials to the property. Failing to give that notice forfeits the right to a lien. A general contractor in privity with the owner is exempt.

You must act within 180 days of filing. Section 85-7-405 requires a payment action for the amount claimed against the party you contracted with to be commenced in county, circuit, or chancery court within 180 days from the date the claim of lien was filed. If the owner files a Notice of Contest of Lien, that window shortens to 90 days.

Missing the 30-day notice to the contractor, the 90-day filing window, or the 180-day deadline to sue generally means the lien is lost, because Mississippi applies these rules strictly. You may still pursue the party who hired you for breach of contract to recover the debt, but you lose the security a lien against the property provides.

A Notice of Contest of Lien is a tool the owner can use to force the issue. Under section 85-7-421, when the owner files it, the claimant's window to commence a payment action drops from 180 days to 90 days measured from the date the contest is filed. If the claimant does not sue within that shorter period, the lien lapses.

When the debt is paid, the claimant should file a cancellation or release of the claim of lien with the chancery court clerk to clear the title. A lien also lapses if no payment action is commenced within the applicable 180-day or 90-day window. An owner who believes a lien is invalid can challenge it in court.