Mechanics Lien Filing Package — Georgia

Mechanics Lien Filing Package (Georgia)

Quick-Reference Summary

Part A — Pre-Lien Notice (Preliminary Notice / NOI)

A.1 — Notice to Contractor (Remote Lien Claimants) — O.C.G.A. § 44-14-361.5

NOTICE TO CONTRACTOR
(Pursuant to O.C.G.A. § 44-14-361.5)

To:
[OWNER NAME — from Notice of Commencement]
[OWNER ADDRESS — from Notice of Commencement]

To:
[CONTRACTOR NAME — from Notice of Commencement]
[CONTRACTOR ADDRESS — from Notice of Commencement]

Notice is hereby given to the above-named OWNER and CONTRACTOR that the undersigned, [CLAIMANT LEGAL NAME], has furnished or will furnish certain labor, services, or materials in connection with the construction or improvement of the real property described as follows:

Property: [PROPERTY STREET ADDRESS, CITY, GA ZIP]
Tax Parcel: [PARCEL ID]
Legal description: [LEGAL DESCRIPTION — attach Exhibit A if needed]

The undersigned was retained by [HIRING PARTY NAME AND ADDRESS] to furnish [DESCRIPTION OF LABOR/SERVICES/MATERIALS].

The undersigned first furnished labor, services, or materials to the project on [FIRST FURNISHING DATE].

The undersigned hereby gives notice of its intention to claim a lien against the property described above for the value of all labor, services, and materials furnished pursuant to its contract.

Dated: [__/__/____]

[CLAIMANT LEGAL NAME]
By: _________________________
Name: [PRINT NAME]
Title: [TITLE]
Address: [CLAIMANT ADDRESS]
Telephone: [____________]

SERVICE

Served on Owner and Contractor on [__/__/____] by:
☐ Registered mail
☐ Certified mail, return receipt requested
☐ Statutory overnight delivery

_________________________
[NAME OF SERVER]

A.2 — Request to Owner/Contractor for Notice of Commencement (Optional)

REQUEST FOR COPY OF NOTICE OF COMMENCEMENT
(O.C.G.A. § 44-14-361.5)

VIA CERTIFIED MAIL, RRR

To: [OWNER / CONTRACTOR]
[ADDRESS]

The undersigned is furnishing labor, services, or materials for an improvement to real property located at [ADDRESS]. Pursuant to O.C.G.A. § 44-14-361.5, the undersigned hereby requests a copy of the Notice of Commencement for the project. Please provide the same within seven (7) days.

[CLAIMANT NAME, ADDRESS, PHONE]

Part B — Claim of Mechanics Lien

CLAIM OF LIEN
(Pursuant to O.C.G.A. § 44-14-361 and § 44-14-361.1)

STATE OF GEORGIA
COUNTY OF [____________________]

[CLAIMANT LEGAL NAME], a [ENTITY TYPE / type of claimant — mechanic, contractor, subcontractor, materialman, registered architect, registered land surveyor, registered professional engineer, etc.] whose address is [CLAIMANT ADDRESS] ("Claimant"), claims a lien in the amount of $[AMOUNT CLAIMED] on the house, building, structure, and/or other improvement, and the premises or real estate on which it is erected or built, of [OWNER NAME] ("Owner"), described as follows:

Property address: [PROPERTY STREET ADDRESS, CITY, GA ZIP]
Tax Parcel: [PARCEL ID]
Legal description: [LEGAL DESCRIPTION — attach Exhibit A if needed]

Said lien is claimed for satisfaction of a claim that became due on [LAST FURNISHING DATE] (which is the same as the last date the labor, services, or materials were supplied to the premises), for [building, repairing, improving, furnishing material, or otherwise — DESCRIBE].

Claimant's contract was with [HIRING PARTY NAME] ([OWNER / GENERAL CONTRACTOR / SUBCONTRACTOR]).

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

EXPIRATION STATEMENT (Required by O.C.G.A. § 44-14-367):

THIS CLAIM OF LIEN EXPIRES AND IS VOID 395 DAYS FROM THE DATE OF FILING OF THE CLAIM OF LIEN IF NO NOTICE OF COMMENCEMENT OF LIEN ACTION IS FILED IN THAT TIME PERIOD.

NOTICE TO OWNER (Required by O.C.G.A. § 44-14-368):

THE OWNER OF THE PROPERTY ON WHICH THIS CLAIM OF LIEN HAS BEEN FILED HAS THE RIGHT TO CONTEST THIS LIEN BY FILING A NOTICE OF CONTEST OF LIEN WITH THE CLERK OF THE SUPERIOR COURT WHERE THIS LIEN IS FILED. IF A NOTICE OF CONTEST OF LIEN IS FILED, THIS CLAIM OF LIEN WILL EXPIRE AND BECOME VOID 90 DAYS AFTER THE FILING OF THE NOTICE OF CONTEST OF LIEN UNLESS THE LIEN CLAIMANT COMMENCES AN ACTION TO RECOVER THE AMOUNT OF THE CLAIM AND FILES A NOTICE OF COMMENCEMENT OF LIEN ACTION IN ACCORDANCE WITH O.C.G.A. § 44-14-361.1.

Dated: [__/__/____]

[CLAIMANT LEGAL NAME]
By: _________________________
Name: [PRINT NAME]
Title: [TITLE]

STATE OF GEORGIA
COUNTY OF [____________________]

Signed and sworn to before me this [__] day of [____________], [____].

_________________________
Notary Public — State of Georgia
My commission expires: [__/__/____]
[SEAL]

Part C — Notice of Filing Lien Claim to Owner

TRANSMITTAL OF RECORDED CLAIM OF LIEN TO OWNER
(Pursuant to O.C.G.A. § 44-14-361.1(a)(2))

Date: [__/__/____]

VIA REGISTERED MAIL / CERTIFIED MAIL, RRR / STATUTORY OVERNIGHT DELIVERY

To:
[OWNER NAME]
[OWNER ADDRESS — or registered agent's address on file with the Georgia Secretary of State]

cc (if NOC was filed):
[CONTRACTOR NAME AND ADDRESS — from Notice of Commencement]

Re: Notice of Filing of Claim of Lien
Property: [PROPERTY STREET ADDRESS, CITY, GA ZIP]
Tax Parcel: [PARCEL ID]

Dear [OWNER NAME]:

In compliance with O.C.G.A. § 44-14-361.1(a)(2), please find enclosed a true and accurate copy of the Claim of Lien recorded against the above-referenced property on [__/__/____] in the records of the Clerk of the Superior Court of [____________] County, Georgia, at Deed Book [____], Page [____] (Instrument No. [____________]).

The claim is in the amount of $[AMOUNT CLAIMED].

You are advised that you have the right to file a Notice of Contest of Lien under O.C.G.A. § 44-14-368.1. The lien will otherwise expire 395 days from filing unless an action is commenced and a Notice of Commencement of Lien Action is filed within 365 days.

Very truly yours,

[CLAIMANT LEGAL NAME]
By: _________________________
[PRINT NAME, TITLE]

Enclosure: Recorded Claim of Lien

Part D — Suit to Foreclose

D.1 — Complaint for Money Judgment and Special Lien Foreclosure

IN THE SUPERIOR COURT OF [____________] COUNTY
STATE OF GEORGIA

Civil Action File No.: [____________]

COMPLAINT FOR MONEY JUDGMENT AND SPECIAL LIEN FORECLOSURE

COMES NOW Plaintiff, [CLAIMANT LEGAL NAME], by and through undersigned counsel, and shows the Court:

PARTIES AND VENUE

1. Plaintiff is a [ENTITY TYPE] organized under the laws of [STATE].
2. Defendant [HIRING PARTY] is the party with whom Plaintiff contracted and may be served at [ADDRESS].
3. Defendant [OWNER NAME] is the owner of the Property described herein and is joined for purposes of in rem relief under O.C.G.A. § 44-14-361 et seq.
4. Venue and jurisdiction are proper because the Property is located in this county.

FACTS

5. The Property is located at [PROPERTY STREET ADDRESS], Tax Parcel No. [PARCEL ID], legally described in Exhibit A.
6. On or about [CONTRACT DATE], Plaintiff and [HIRING PARTY] entered into a contract whereby Plaintiff agreed to furnish [SCOPE] for $[CONTRACT AMOUNT] (Exhibit B).
7. Plaintiff substantially complied with its contract and first/last furnished labor, services, or materials on [FIRST]/[LAST] FURNISHING DATE.
8. Plaintiff timely served the Notice to Contractor required by O.C.G.A. § 44-14-361.5 (if applicable) on [__/__/____] (Exhibit C).
9. Within 90 days of last furnishing, Plaintiff recorded a Claim of Lien against the Property in the records of the Clerk of the Superior Court of [____________] County on [__/__/____], at Deed Book [____], Page [____] (Exhibit D).
10. Within 2 business days thereafter, Plaintiff served a copy of the recorded Claim of Lien on the Owner (and Contractor, as applicable) per O.C.G.A. § 44-14-361.1(a)(2) (Exhibit E).
11. After all just credits and setoffs, the principal amount of $[AMOUNT CLAIMED] remains due and unpaid.
12. This action is commenced within 365 days of the recording of the Claim of Lien (or within 60 days of the Notice of Contest of Lien served on [__/__/____], if applicable).

COUNT I — BREACH OF CONTRACT (against [HIRING PARTY])

13. Plaintiff incorporates Paragraphs 1–12.
14. [HIRING PARTY] breached the contract by failing to pay $[AMOUNT CLAIMED] due thereunder. Plaintiff is entitled to a money judgment in that amount, plus pre-judgment interest, post-judgment interest, costs, and attorneys' fees as allowed by law.

COUNT II — FORECLOSURE OF SPECIAL LIEN (against the Property; in rem)

15. Plaintiff incorporates Paragraphs 1–12.
16. Plaintiff holds a valid and subsisting special lien upon the Property under O.C.G.A. §§ 44-14-361 and 44-14-361.1 in the principal amount of $[AMOUNT CLAIMED].
17. Plaintiff is entitled to a judgment foreclosing said lien and ordering the sale of the Property to satisfy the lien, with priority as determined by law.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays:

(a) For a money judgment against [HIRING PARTY] in the principal amount of $[AMOUNT CLAIMED], plus interest, costs, and fees;
(b) For a special judgment in rem foreclosing the Claim of Lien against the Property and ordering its sale;
(c) For determination of priorities; and
(d) For such other relief as the Court deems just.

Dated: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]
By: _________________________
[ATTORNEY NAME], Georgia Bar No. [____]
[ADDRESS]
[PHONE] | [EMAIL]
Attorneys for Plaintiff

D.2 — Notice of Commencement of Lien Action — O.C.G.A. § 44-14-361.1(a)(3)

NOTICE OF COMMENCEMENT OF LIEN ACTION
(O.C.G.A. § 44-14-361.1(a)(3))

The undersigned, being the lien claimant or attorney of record, hereby states under oath that the lien action referenced above has been commenced.

_________________________
[NAME], ☐ Lien Claimant ☐ Attorney of Record
[ADDRESS]

Sworn to before me this [__] day of [____________], [____].

_________________________
Notary Public — State of Georgia
My commission expires: [__/__/____]

Part E — Pre-Filing Checklist

Eligibility

☐ Project is private (not public) property.
☐ Claimant qualifies under O.C.G.A. § 44-14-361 (mechanic, contractor, subcontractor, materialman, registered architect/forester/surveyor/engineer, machinist, manufacturer, etc.).
☐ Substantial compliance with the underlying contract is documented.

Notice of Commencement / Notice to Contractor

☐ NOC obtained or absence confirmed; if absent or noncompliant, lien claimant's Notice to Contractor duties may be relieved (document the absence).
☐ Notice to Contractor served on owner AND contractor within 30 days of NOC filing OR first furnishing (whichever is later).
☐ Service by registered mail, certified mail, or statutory overnight delivery; proof retained.

Claim of Lien content (O.C.G.A. § 44-14-361.1)

☐ Claimant identity and amount stated.
☐ Owner of record identified.
☐ Property identified by address, tax parcel, and legal description.
☐ Date the claim became due (= last furnishing date) stated.
☐ Description of labor, services, or materials.
☐ § 44-14-367 expiration statement included VERBATIM.
☐ § 44-14-368 owner's-right-to-contest notice included VERBATIM.
☐ Sworn before a notary.

Filing and Service

☐ Claim filed with Clerk of Superior Court within 90 days of LAST FURNISHING.
☐ Copy served on Owner by registered mail / certified mail RRR / statutory overnight delivery within 2 BUSINESS DAYS of filing.
☐ If NOC was filed, copy also served on Contractor at NOC address.
☐ For corporate owner, service to entity address or registered agent on file with the Georgia Secretary of State documented.

Post-Recording

☐ 365-day calendar set for commencement of lien action (lawsuit / bankruptcy POC / binding arbitration).
☐ Notice of Commencement of Lien Action drafted and ready to file within 30 days of suit commencement.
☐ Notice of Contest of Lien (if received) calendared: lien expires 90 days from receipt; suit + Notice of Commencement of Lien Action must be filed within 60 days of contest.
☐ All lien waivers signed during the project reviewed — no full/final unconditional waiver that would extinguish the claim.

Sources and References

• O.C.G.A. § 44-14-361 — Persons entitled to lien: https://law.justia.com/codes/georgia/title-44/chapter-14/article-8/part-3/section-44-14-361/
• O.C.G.A. § 44-14-361.1 — How liens declared and recorded: https://law.justia.com/codes/georgia/title-44/chapter-14/article-8/part-3/section-44-14-361-1/
• O.C.G.A. § 44-14-361.5 — Notice of Commencement; Notice to Contractor: https://law.justia.com/codes/georgia/title-44/chapter-14/article-8/part-3/section-44-14-361-5/
• O.C.G.A. § 44-14-367 — Expiration: https://law.justia.com/codes/georgia/title-44/chapter-14/article-8/part-3/section-44-14-367/
• O.C.G.A. § 44-14-368 — Notice to owner: https://law.justia.com/codes/georgia/title-44/chapter-14/article-8/part-3/section-44-14-368/
• O.C.G.A. § 44-14-368.1 — Notice of Contest of Lien: https://law.justia.com/codes/georgia/title-44/chapter-14/article-8/part-3/section-44-14-368-1/
• Smith, Gambrell & Russell, "Lien Law: Use It or Lose It" — https://www.sgrlaw.com/ttl-articles/878/