Mechanics Lien Filing Package — Mississippi

Mechanics Lien Filing Package (MISSISSIPPI)

Quick-Reference Summary

Part A — Pre-Lien Notice

A.1 — Sub-Subcontractor 30-Day Notice (Commercial) — Miss. Code Ann. § 85-7-407(2)

Required where the claimant does NOT have a direct contract with the general contractor on a commercial project. Must be in writing and delivered to the GC within 30 days after the sub-subcontractor begins work. Failure to give this notice forfeits all lien rights.

NOTICE TO GENERAL CONTRACTOR

TO: [GENERAL CONTRACTOR NAME]
[GENERAL CONTRACTOR ADDRESS]

(Pursuant to Miss. Code Ann. § 85-7-407(2))

The undersigned is performing labor or supplying materials on the construction project located at [PROJECT ADDRESS]. This notice is given within 30 days of first furnishing such labor/materials.

Method of delivery: ☐ Certified mail RRR — Article No. [_______________] ☐ Personal delivery

Date served: [__/__/____]

Signature: ________________________________ Name / Title: [________________________________]

A.2 — Residential Pre-Lien Notice to Owner — Miss. Code Ann. § 85-7-409

Required where claimant is a subcontractor on a RESIDENTIAL project and has not been paid. Must be served on the owner at least 10 days before filing the Claim of Lien. The notice gives the owner 10 days to pay.

PRE-LIEN NOTICE TO OWNER (Residential)

TO: [OWNER NAME]
[OWNER ADDRESS]

(Pursuant to Miss. Code Ann. § 85-7-409)

You are hereby notified that the undersigned has performed labor or supplied materials in connection with the improvement of the residential property described below, and that the undersigned has not been paid. Unless the amount owed is paid within ten (10) days from the date of this notice, the undersigned intends to file a Claim of Lien against the property with the Chancery Clerk of [_______________] County, Mississippi.

Date: [__/__/____]

________________________________
[CLAIMANT NAME], [TITLE]

Method of service: ☐ Certified mail RRR — Article No. [_______________] ☐ Personal delivery

Part B — Claim of Mechanics Lien

CLAIM OF CONSTRUCTION LIEN

STATE OF MISSISSIPPI
COUNTY OF [________________]

Filed with the Chancery Clerk of [_______________] County, Mississippi pursuant to Miss. Code Ann. § 85-7-405.

[CLAIMANT NAME], a mechanic, contractor, subcontractor, materialman, machinist, manufacturer, registered architect, registered forester, registered land surveyor, registered professional engineer, or other person entitled to a lien under Miss. Code Ann. § 85-7-403, claims a lien in the amount of $[__________] on the building, structure, house, factory, mill, machinery, or improvements (and the premises or real estate on which they are erected or built) of [OWNER NAME], described as follows:

for satisfaction of a claim which became due on [__/__/____], being the same as the last date labor, services, or materials were supplied to the premises, for [DESCRIBE WORK / LABOR / MATERIALS / SERVICES PROVIDED].

THIS CLAIM OF LIEN EXPIRES AND IS VOID ONE HUNDRED EIGHTY (180) DAYS FROM THE DATE OF FILING OF THE CLAIM OF LIEN IF A PAYMENT ACTION IS NOT FILED BY THE CLAIMANT WITHIN THAT TIME PERIOD.

NOTICE TO OWNER OF PROPERTY: You have the right to contest this claim of lien pursuant to Mississippi law.

Verification / Affidavit

STATE OF MISSISSIPPI, COUNTY OF [_______________], ss.

I, [_______________], being first duly sworn, depose and state: I am [the Claimant / [TITLE] of the Claimant] and am authorized to make this verification. I have read the foregoing Claim of Lien. The facts stated therein are true and correct to the best of my knowledge, information, and belief. The amount of $[__________] is justly due and owing to the Claimant after allowance of all just credits and offsets. The labor, services, and/or materials described above were furnished in substantial compliance with the Claimant's contract, subcontract, or purchase order for the improvement of the Property described.

________________________________
Affiant Signature

Print Name / Title: [________________________________]

Subscribed and sworn to before me on [__/__/____] by [_______________].

________________________________
Notary Public — State of Mississippi
My commission expires: [__/__/____]

[NOTARY SEAL]

Attached Exhibits:

• Exhibit A — Legal Description
• Exhibit B — Itemized Statement of Account / Invoices

Part C — Notice of Filing Lien Claim to Owner — Miss. Code Ann. § 85-7-405(1)(b)

[CLAIMANT LETTERHEAD]

Date: [__/__/____]

TO: [OWNER NAME]
[OWNER ADDRESS / REGISTERED AGENT ADDRESS]

Via: ☐ Registered mail — Article No. [_______________] ☐ Certified mail RRR — Article No. [_______________] ☐ Statutory overnight delivery (tracking No. [_______________])

Re: Claim of Construction Lien filed against [PROPERTY ADDRESS], County of [_______________], Mississippi

You are hereby notified, pursuant to Miss. Code Ann. § 85-7-405(1)(b), that on [__/__/____] the undersigned filed a Claim of Construction Lien against the above-described property with the Chancery Clerk of [_______________] County, Mississippi, in the amount of $[__________]. A true and correct copy of the filed Claim of Lien is enclosed.

THIS CLAIM OF LIEN EXPIRES AND IS VOID ONE HUNDRED EIGHTY (180) DAYS FROM THE DATE OF FILING OF THE CLAIM OF LIEN IF A PAYMENT ACTION IS NOT FILED BY THE CLAIMANT WITHIN THAT TIME PERIOD.

NOTICE TO OWNER OF PROPERTY: You have the right to contest this claim of lien pursuant to Mississippi law (Miss. Code Ann. § 85-7-423).

Demand is hereby made for payment of the amount due. Failure to pay may result in a payment action being filed in court to enforce the lien, and to sale of the Property to satisfy the lien.

Sincerely,

________________________________
[CLAIMANT NAME], [TITLE]
[CLAIMANT ADDRESS / PHONE / EMAIL]

[If claimant is not the General Contractor, send a separate copy of this notice and the filed lien to the GC at:]
[GENERAL CONTRACTOR NAME / REGISTERED AGENT]
[ADDRESS]

Part D — Suit to Foreclose (Payment Action) — Miss. Code Ann. § 85-7-405(1)(c)

IN THE CHANCERY COURT OF [_______________] COUNTY, MISSISSIPPI

Cause No.: [____________]

COMPLAINT FOR PAYMENT, ENFORCEMENT, AND FORECLOSURE OF CONSTRUCTION LIEN

COMES NOW Plaintiff [CLAIMANT NAME], by and through undersigned counsel, and for its Complaint states:

Parties, Jurisdiction, and Venue

1. Plaintiff is a [ENTITY TYPE] organized under the laws of [_______________] and qualified to do business in Mississippi.

2. Defendant [OWNER NAME] is, upon information and belief, the record owner of the Property at issue, located in [_______________] County, Mississippi.

3. Jurisdiction is proper under Miss. Const. art. 6, § 159, Miss. Code Ann. § 9-5-81, and Miss. Code Ann. § 85-7-405(1)(c). Venue is proper because the Property is located in this county.

General Allegations

4. On or about [__/__/____], Plaintiff entered into a [written / oral] contract with [HIRING PARTY] under which Plaintiff agreed to furnish [DESCRIBE LABOR/MATERIALS] in substantial compliance with said contract for the improvement of the Property commonly known as [PROPERTY ADDRESS] and legally described as:

[LEGAL DESCRIPTION]

5. Plaintiff substantially complied with its contract by furnishing labor, services, and/or materials from [__/__/____] (first date) to [__/__/____] (last date).

6. The reasonable value of labor/materials furnished is $[__________]. Plaintiff has been paid $[__________]. The balance due and unpaid, after all just credits and offsets, is $[__________].

7. [Residential subcontractor only] On [__/__/____], Plaintiff served a Pre-Lien Notice to Owner pursuant to Miss. Code Ann. § 85-7-409, as evidenced by Exhibit A; at least 10 days passed before the lien was filed and the amount remained unpaid.

8. [Commercial sub-subcontractor only] On [__/__/____], within 30 days of first furnishing labor or materials, Plaintiff served the written notice required by Miss. Code Ann. § 85-7-407(2) on the general contractor, as evidenced by Exhibit B.

9. On [__/__/____], within 90 days of the last labor or materials furnished, Plaintiff filed a Claim of Construction Lien against the Property with the Chancery Clerk of [_______________] County, Mississippi, in the amount of $[__________]. A copy of the filed lien is attached as Exhibit C.

10. Within two (2) business days of filing, Plaintiff served a copy of the filed lien on the Owner [and on the General Contractor, if applicable] by [registered/certified mail or statutory overnight delivery], as evidenced by Exhibit D.

11. This action is commenced within 180 days of the filing of the Claim of Lien as required by Miss. Code Ann. §§ 85-7-405(1)(c), 85-7-421 [— or — within 90 days of the Owner's Notice of Contest of Lien filed/served on [__/__/____] per Miss. Code Ann. § 85-7-423].

12. Concurrently with the filing of this Complaint, Plaintiff has filed a Lis Pendens Notice and is delivering copies to the Owner and Contractor as required by § 85-7-405(1)(c)(i).

Count I — Payment Action / Enforcement of Construction Lien

13. Plaintiff incorporates the preceding paragraphs.

14. Plaintiff has a valid and enforceable construction lien against the Property in the amount of $[__________], plus interest, costs, and attorney's fees as allowed by Mississippi law.

15. Plaintiff is entitled to a judgment establishing the lien, enforcing it against the Property, and ordering sale of the Property and improvements to satisfy the lien.

Count II — Breach of Contract

16. Plaintiff incorporates the preceding paragraphs.

17. [HIRING PARTY] breached the contract by failing to pay $[__________]. Plaintiff is entitled to judgment in that amount, plus prejudgment interest at the statutory or contract rate, costs, and attorney's fees if provided by contract.

Count III — Unjust Enrichment (alternative)

18. Plaintiff incorporates the preceding paragraphs.

19. Plaintiff conferred a benefit upon Defendant Owner by its labor and materials, the reasonable value of which is $[__________]. Equity requires restitution.

Prayer for Relief

WHEREFORE, Plaintiff prays for:

A. Adjudication that Plaintiff holds a valid construction lien against the Property in the amount of $[__________], plus interest, costs, and attorney's fees;
B. Enforcement and foreclosure of the lien, and sale of the Property and improvements to satisfy the lien;
C. Determination of priority among parties claiming an interest in the Property pursuant to Miss. Code Ann. § 85-7-405(3)(d);
D. Judgment against [HIRING PARTY] for breach of contract in the amount of $[__________], plus interest, costs, and attorney's fees;
E. Costs of suit and prejudgment interest at the lawful rate;
F. Such other relief, legal or equitable, as the Court deems just.

Dated: [__/__/____]

Respectfully submitted,

________________________________
[ATTORNEY NAME], MSB No. [_____]
[FIRM NAME]
[ADDRESS / PHONE / EMAIL]
Attorney for Plaintiff

[Concurrently file LIS PENDENS NOTICE per Miss. Code Ann. § 85-7-405(1)(c)(i) and Miss. Code Ann. § 11-47-3]

Part E — Pre-Filing Checklist

Eligibility & Project Classification

☐ Confirmed claimant qualifies under Miss. Code Ann. § 85-7-403 (contractor, sub, materialman, machinist, manufacturer, registered architect/engineer/surveyor/forester)
☐ Determined whether project is residential or commercial
☐ Determined whether claimant has direct contract with GC or owner (affects 30-day sub-sub notice)

Pre-Lien Notices

☐ Residential subcontractor: 10-day Pre-Lien Notice to Owner served (§ 85-7-409)
☐ Commercial sub-subcontractor: 30-day notice to GC served within 30 days of first work (§ 85-7-407(2))
☐ Method of service: ☐ Certified mail RRR ☐ Personal delivery ☐ Statutory overnight delivery
☐ Affidavits / proofs of service retained

Timing

☐ Calculated 90-day filing deadline from last labor/materials (§ 85-7-405(1)(b))
☐ Calendared 180-day payment-action deadline from anticipated filing date
☐ Confirmed substantial compliance with contract by claimant

Lien Contents (§ 85-7-405(1)(b))

☐ Substantial conformity with statutory form
☐ Lien-expiration notice ("180 DAYS . . .") included verbatim
☐ Owner right-to-contest notice included verbatim
☐ Lien amount accurate after credits/offsets
☐ Claimant name, address, role identified
☐ Owner of record verified (chancery clerk, tax assessor)
☐ Hiring party named
☐ Legal description verified
☐ First and last furnishing dates documented
☐ Verification notarized

Filing

☐ Filed with Chancery Clerk of correct county
☐ Filing fee paid
☐ File-stamped copy retained
☐ Filing date within 90-day window confirmed

Post-Filing Notices (within 2 business days)

☐ True and accurate copy mailed to Owner by registered/certified mail or statutory overnight delivery
☐ If owner is registered entity, sent to recorded address or registered agent
☐ If claimant is not GC, copy also sent to GC or GC's registered agent
☐ Tracking / RRR retained

Foreclosure Calendar

☐ 180-day deadline (or 90 days post-Notice of Contest) calendared
☐ Lis pendens template prepared
☐ Necessary parties identified for joinder: owner, GC, hiring party, mortgagees, other lien claimants

Documentation Retained

☐ Contract / subcontract / purchase orders
☐ Change orders
☐ Itemized invoices, delivery tickets, time sheets
☐ Photographs of work
☐ All correspondence with owner / GC / hiring party regarding payment
☐ All notices, affidavits of service, mailing receipts
☐ File-stamped Claim of Lien

Sources and References

• Miss. Code Ann. §§ 85-7-401 et seq. (full text): https://law.justia.com/codes/mississippi/title-85/chapter-7/article-21/
• Miss. Code Ann. § 85-7-405 (Creation and declaration): https://codes.findlaw.com/ms/title-85-debtor-creditor-relationship/ms-code-sect-85-7-405/
• SB 2622 (2014 Reg. Sess.) — Original enactment: https://billstatus.ls.state.ms.us/documents/2014/html/SB/2600-2699/SB2622SG.htm
• Butler Snow — Deadlines for Mechanics' Liens in Mississippi: https://www.butlersnow.com/news-and-events/deadlines-for-mechanics-liens-and-construction-liens-mississippi
• Mississippi Bar — Robert P. Wise paper on construction liens: https://www.msbar.org/media/3218/rpw-bio-and-paper-for-mba-cle-july-17-2017.pdf
• Mississippi Secretary of State — Business Services (registered-agent lookup): https://www.sos.ms.gov/business-services
• Noatex Corp. v. King Constr. of Houston, LLC, 732 F.3d 479 (5th Cir. 2013) — invalidation of former stop-notice statute