Mechanics Lien Filing Package — Arkansas

ARKANSAS MECHANICS LIEN FILING PACKAGE

Before you use this: These forms cover a direct contractor who contracted with the owner or owner's agent for work on private, nonresidential Arkansas real estate. They do not cover a subcontractor, material supplier, design professional, boat, public project, or residential property. Give Form A to the owner at least ten days before filing. Complete and swear to Form B and its notice affidavit only after notice and proof are ready. File Form B, the legal description, the copy of Form A, and proof of service with the circuit clerk in the county where the improvement is located. Confirm the 120-day filing deadline under Ark. Code Ann. § 18-44-117. This package does not itself begin an enforcement action.

FORM A. TEN-DAY NOTICE TO OWNER BEFORE LIEN FILING

Notice date: [__/__/____]

To owner of the building or improvement: [FULL LEGAL NAME]

Owner's address: [________________________________]

From claimant: [FULL LEGAL NAME AND MAILING ADDRESS]

Improvement and property location: [STREET ADDRESS, CITY, COUNTY, ARKANSAS]

Claimant's contract with owner or owner's agent: [PARTY NAME, AGREEMENT DATE, BRIEF DESCRIPTION]

Amount due from the contracting party: $[________]

Person from whom that amount is due: [FULL LEGAL NAME]

Claimant holds a claim against the identified building or improvement for labor, services, or materials furnished under the contract described above. The amount claimed is the amount stated here, due from the named contracting party. Claimant gives this notice under Ark. Code Ann. § 18-44-114 and may file a lien account after the ten-day notice period, subject to all other requirements of Arkansas law.

Claimant or authorized signer: ________________________________________

Printed name and title: [________________________________]

Date signed: [__/__/____]

Form A service record

Owner to whom notice was addressed: [________________________________]

Method: ☐ Authorized process officer ☐ Competent witness ☐ Mail with return receipt requested and delivery restricted to addressee or agent ☐ Other delivery with written, third-party verification at owner's office, business, or residence

Date served or mailed: [__/__/____]

Address or place of delivery: [________________________________]

Tracking or service reference: [________________________________]

Proof retained: ☐ Officer's official return endorsed on notice ☐ Affidavit of person serving ☐ Signed return receipt ☐ Returned envelope or postal document proving refusal or unclaimed item ☐ Postal employee affidavit ☐ Written, third-party delivery record

If mailed notice was refused or unclaimed: Date a copy was immediately sent to owner by first-class mail: [__/__/____]. Retain the unopened original marked refused or unclaimed.

Affidavit if served by a person other than an officer: I, [SERVER NAME], being first duly sworn, state that I served the notice above on [OWNER NAME] at [PLACE] by [METHOD] on [__/__/____].

Server's signature: ________________________________________

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

Notary public: ________________________________________

My commission expires: [__/__/____]

FORM B. CLAIM OF LIEN AND JUST AND TRUE ACCOUNT

Claimant's full legal name and address: [________________________________]

Owner or proprietor whose interest is claimed: [________________________________]

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

Property street address for reference: [________________________________]

Correct legal description of property to be charged: [INSERT FULL LEGAL DESCRIPTION OR IDENTIFY AND ATTACH EXHIBIT 1]. A street address alone does not satisfy Ark. Code Ann. § 18-44-117(a)(2)(B).

Improvement and direct contract with owner or agent: [DESCRIBE WORK, CONTRACTING PARTY, AND AGREEMENT DATE]

First furnishing date: [__/__/____]

Last furnishing date: [__/__/____]

Just and true demand due after all credits: $[________]

Claimant claims a lien under Ark. Code Ann. § 18-44-101 on the improvement and the described property, only to the extent permitted by law, to secure the demand shown in this account. Claimant submits this account and the attached sworn statements and notice exhibits for filing under Ark. Code Ann. § 18-44-117.

Affidavit verifying account and description

State of [________]

County of [________]

I, [AFFIANT NAME], being first duly sworn, state that I am [TITLE] for claimant and am authorized to verify this account. I have personal knowledge of or reviewed claimant's records concerning the stated work, payments, and property. The account is just and true after all credits, and the property to be charged is correctly described above or in attached Exhibit 1.

Affiant's signature: ________________________________________

Printed name and title: [________________________________]

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

Notary public: ________________________________________

My commission expires: [__/__/____]

Affidavit of notice

State of [________]

County of [________]

I, [AFFIANT NAME], being first duly sworn, state that claimant gave the owner the notice required by Ark. Code Ann. § 18-44-114 at least ten days before filing this account. The notice identified the claim against the improvement, the amount, and the person from whom due. A true copy of the notice is attached as Exhibit 2. Proof of its service is attached as Exhibit 3.

Owner and notice address: [________________________________]

Notice date: [__/__/____]

Date and method of service or mailing: [__/__/____]; [________________________________]

Service proof in Exhibit 3: [OFFICER RETURN / SERVER AFFIDAVIT / POSTAL PROOF / WRITTEN THIRD-PARTY DELIVERY RECORD]

If mailed notice was refused or unclaimed, first-class follow-up date and retained proof: [________________________________]

I verify that the notice and service facts stated above and in Exhibits 2 and 3 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: [__/__/____]

FILING AND ENFORCEMENT RECORD

Attach: ☐ Exhibit 1 legal description, if needed ☐ Exhibit 2 actual signed notice ☐ Exhibit 3 statutory proof of service and any first-class follow-up evidence.

Circuit clerk and county: [________________________________]

Date filed: [__/__/____]

Filing or instrument number: [________________________________]

120-day filing deadline calculated from covered furnishing: [__/__/____]

15-month deadline for enforcement action and lis pendens, measured from filing: [__/__/____]

Ark. Code Ann. § 18-44-119 requires an enforcement action within fifteen months after filing and a lis pendens within that period to continue the lien. Calendar both steps separately.