Mechanics Lien Claim - Arkansas

MECHANICS LIEN CLAIM AND VERIFIED ACCOUNT

Before you use this: This filing is for a contractor, subcontractor, or material supplier claiming a lien for work on Arkansas commercial real estate: nonresidential property or residential property with at least five units. It does not address the additional notice conditions for residential property with four or fewer units. Confirm claimant eligibility, the property interest, every applicable notice, and the deadlines before signing. File the completed account, both sworn statements, and the notice and service exhibits with the circuit clerk in the county where the improvement is located. Ark. Code Ann. §§ 18-44-101, -107, -114, -115, -117.

1. CLAIMANT AND PROPERTY

Claimant's full legal name: [________________________________]

Entity type, if applicable: [________________________________]

Mailing address: [________________________________]

Owner or proprietor whose property interest is claimed: [________________________________]

Owner's mailing address: [________________________________]

County where the improvement is located: [________________], Arkansas

Street address for identification only: [________________________________]

Legal description of property to be charged: [INSERT FULL LEGAL DESCRIPTION OR ATTACH EXHIBIT A AND INCORPORATE IT HERE]. A street address alone is insufficient under Ark. Code Ann. § 18-44-117(a)(2)(B).

Claimant's contracting party and address: [________________________________]

Claimant's relationship to the work: ☐ Contractor contracting directly with an owner or the owner's agent ☐ Subcontractor ☐ Material supplier

Project type: ☐ Nonresidential real estate ☐ Residential real estate containing five or more units

2. JUST AND TRUE ACCOUNT

Claimant furnished the labor, services, or materials identified below for the construction or repair of the improvement at the property described above under a contract with [OWNER / CONTRACTOR / SUBCONTRACTOR / AGENT NAME]. The following account states the demand due after all payments and credits known to claimant.

Amount due and unpaid after all credits: $[________]

First date of work or furnishing: [__/__/____]

Last date of work or furnishing: [__/__/____]

Claimant claims a lien under Ark. Code Ann. § 18-44-101 on the improvement and the property described above, only to the extent allowed by Arkansas law, to secure the unpaid amount stated in this account. Claimant asks the circuit clerk to file and index this account under Ark. Code Ann. § 18-44-117.

3. AFFIDAVIT VERIFYING ACCOUNT AND PROPERTY DESCRIPTION

State of [________]

County of [________]

I, [AFFIANT NAME], being first duly sworn, state that I am [TITLE OR RELATIONSHIP TO CLAIMANT], am authorized to verify this account for claimant, and have personal knowledge of or have reviewed claimant's records concerning the facts stated here. The account above is just and true, reflects the demand due after all credits, and identifies the property to be charged by its correct legal description in this document or incorporated Exhibit A.

Affiant's signature: ________________________________________

Printed name and title: [________________________________]

Sworn to and subscribed before me on [__/__/____] by [AFFIANT NAME].

Notary public: ________________________________________

My commission expires: [__/__/____]

4. AFFIDAVIT OF NOTICE

State of [________]

County of [________]

I, [AFFIANT NAME], being first duly sworn, state that I am [TITLE OR RELATIONSHIP TO CLAIMANT] and am authorized to give this affidavit. The following entries describe the notices applicable to this claim. I attach copies of the notices and the proof of service described below.

Notice under Ark. Code Ann. § 18-44-114: Claimant gave the owner of the improvement notice of the amount claimed and the person from whom it was due at least ten days before filing this lien account.

Owner named in the notice and service record: [________________________________]

Claim amount and person from whom it was due as stated in the notice: $[________]; [________________________________]

Notice date and service method: [__/__/____]; [OFFICER / COMPETENT WITNESS / RETURN-RECEIPT MAIL / OTHER WRITTEN THIRD-PARTY VERIFIED DELIVERY]

Evidence of service: [OFFICER RETURN / SERVER AFFIDAVIT / POSTAL DOCUMENT / THIRD-PARTY DELIVERY RECORD]; attached as Exhibit [__]. If a mailed item was refused or unclaimed, state the first-class follow-up mailing date and attach the unopened returned item: [________________________________].

Additional commercial-property notice under Ark. Code Ann. § 18-44-115(b): ☐ Claimant is a subcontractor or material supplier; the separate unpaid-claim notice required by that section was sent to the owner or authorized recipient and to the contractor before the applicable 75-day period expired. ☐ Claimant is a direct contractor; this lower-tier notice does not apply to this claim.

Recipients, date, method, and service records for the additional notice, if applicable: [________________________________]

The copy of each applicable notice is attached as Exhibit [__]. Proof of service for the § 18-44-114 notice is attached as Exhibit [__]. Other evidence of compliance with § 18-44-115(b), if applicable, is attached as Exhibit [__]. I verify that the statements in this affidavit and its identified exhibits are true and correct to the best of my knowledge.

Affiant's signature: ________________________________________

Printed name and title: [________________________________]

Sworn to and subscribed before me on [__/__/____] by [AFFIANT NAME].

Notary public: ________________________________________

My commission expires: [__/__/____]

5. EXHIBITS AND FILING RECORD

Attach Exhibit A if the legal description is not fully written above. Attach the actual prior notices and service evidence identified in the affidavit. Do not sign the affidavit before the notices have been given and the supporting records gathered. Ark. Code Ann. § 18-44-117 requires the affidavit of notice and its attachments; the circuit clerk must decline an account missing them.

Filing county and circuit clerk: [________________________________]

Date account filed: [__/__/____]

Instrument or filing number assigned by clerk: [________________________________]

Enforcement calendar: Ark. Code Ann. § 18-44-117(a)(1) requires filing within 120 days after the covered work or furnishing. Under § 18-44-119, an enforcement action must begin within 15 months after filing; continuation of the lien also requires a lis pendens within that period. Record the dates for counsel's review: 120-day filing date: [__/__/____]; 15-month enforcement and lis pendens date: [__/__/____].