Frequently Asked Questions - Mississippi Mechanics Lien
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What is a Mississippi mechanics' lien Claim?
In Mississippi, liens filed on private property are known as Mississippi construction liens or mechanics liens. When a Mississippi mechanics 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.
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Who can file a Mississippi mechanics' lien Claim?
In Mississippi, only those with a contract with the owner can file a Mississippi 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. Mississippi mechanics liens can include attorneys fees. There are no Mississippi mechanics lien rights for those providing rental equipment.
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Are pre-lien notices for a Mississippi mechanics' lien Claim required?
Yes. All persons not in privity of contract with a prime contractor or owner are required to provide the owner or contractor with a written pre-lien notice prior to filing a lien claim. Affdavits of non-payment are also required if a lien claim is to be filed after a partial or final lien waiver has been given. This gives the owner actual notice of the potential claimant so that any dispute can be quickly resolved It is also advisable on all projects to provide a Notice of Furnishing when the work commences so that an owner knows who is on the project and what materials are being delivered. Notices of Intent to Lien are required on residential projects prior to the filing of a lien claim.
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Can you file a Mississippi mechanics' lien Claim without a pre-notice?
Sometimes, but preliminary notices are required for anyone without a contract with the prime contractor or owner; otherwise, those persons have waived their lien rights.
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When should a Mississippi mechanics' lien Claim be filed?
Mississippi mechanics lien Notices must be filed within 12 months from the time when the claim becomes due and payable.
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How much does it cost to file a Mississippi mechanics' lien Claim or Stop Notice?
LienItNow.com prepares, files and serves Mississippi Construction Liens and Stop Notices for a fee of $290.00.
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Do I need a written contract in order to file a Mississippi mechanics lien claim?
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.
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How does filing a Mississippi mechanics' lien Claim help me get my money?
On a private project, a Mississippi mechanics 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.
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What is a Mississippi Stop Notice and why should it be filed
LienItNow.com prepares and serves Mississippi Stop Notices for a fee of $125.00. 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.
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What is a Mississippi Amendment to a mechanics' lien Claim?
LienItNow.com prepares, files and serves Mississippi Amendments to mechanics' lien Claims for a fee of $250.00. 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.
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When should a Mississippi Discharge of mechanics' lien claim be filed?
LienItNow.com prepares, files and serves Mississippi Discharges of mechanics' lien Claims for a fee of $85.00. 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.
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What is a Mississippi 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 $125.00.
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How much does it cost to file a Mississippi Extension of a mechanics' lien Claim?
LienItNow.com prepares, files and serves extensions of mechanics' lien Claims for a fee of $85.00. All lien claims expire after a certain period of time, and filing an extension of the mechanics' lien claim prolongs the expiration date. Mississippi law, however, does not permit an extension of mechanics' lien claims.
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Can I file a Bond Claim on a Mississippi Project?
LienItNow.com prepares, files and serves Mississippi Bond Claims for a fee of $275.00. 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.
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Do I need to file a Pre-Notice to make a claim against a Mississippi 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.
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