When to use a Mechanics Lien:

In spite of their name, a mechanics lien is used for contractors, subcontractors, and suppliers. Mechanics liens are legal claims placed on a property that can be used to recover money for unpaid work performed on that property after a specific period of time. A mechanics lien can be placed on real and personal property.

Typically a mechanics lien is created and filed before work gets started on a property. The lien is typically formally recorded in a county’s recording office and remains active until a formal filing of release. If you have not been paid for the work you performed on a property, the lien will remain actively attached to that property so when that property is sold you will have a legal claim (think “first dibs”) on some of its value before the owner can be paid.

Since the current owner always wants to be paid for the full sales price of the property and potential future owners do not want to buy a property with unsettled debt or active liens, the mechanic's lien incentivizes the current property owner to pay their contractors timely and in full to remove any active liens on their property.

State

All Mechanics' Lien Forms

Claim of Lien

Contractor's Final Payment Affidavit

Notice of Commencement

Notice to Owner

Satisfaction of Claim of Lien

See All

Important: check on your state's deadlines to file a lien

Each state has different deadlines and different required forms to file a lien. The forms required in each state can be very different depending on where you are filing. Some states require that you notify the property owner and other parties of the intention to file a lien before you can begin the process. Again, this notification and requirements of service vary by state.

When it comes time to file a mechanics lien, you will most likely also have to serve the lien so that the property owner and all other parties who need to get notified, receive a copy of the documents filed in the lien.

The requirements to serve a lien (i.e. if the lien can be served in person or by mail) also differ by state. Most states typically require that the lien be recorded in the Registrar’s or Recording Office of the county of the property in question.

These forms have been gathered and/or prepared without any warranty or guarantee of their effectiveness, correctness, or validity to resolve any issue. They are provided for convenience for those who know exactly what they need. If you are unsure, please contact an attorney near you to get the legal advice you need.