Mechanics Lien Filing Package — South Carolina

Mechanics Lien Filing Package (South Carolina)

Quick-Reference Summary

Part A — Pre-Lien Notice

Written Notice to Owner (S.C. Code § 29-5-40)

TO: [OWNER NAME]
[OWNER ADDRESS]

RE: Property at [STREET ADDRESS], [CITY], [COUNTY] County, South Carolina
TMS / Tax Map No.: [TMS NO.]
Legal description: [LEGAL or "see Exhibit A"]

Pursuant to S.C. Code § 29-5-40, the undersigned, [CLAIMANT NAME] ("Claimant"), gives written notice that it is furnishing or has furnished labor and/or materials to the above-described improvement, under contract with [HIRING PARTY].

This is the written owner notice that must precede attachment of a non-owner claimant's lien. It is not the verified statement and filing required by § 29-5-90.

Delivery method selected by South Carolina counsel to prove owner receipt: [METHOD / PROOF].

Notice of Furnishing to Contractor (S.C. Code § 29-5-20(B))

For a sub-subcontractor or supplier to a subcontractor, send this separate notice to the contractor by certified or registered mail if § 29-5-20(B) applies.

TO: [CONTRACTOR NAME AND ADDRESS]

FROM: [SUB-SUBCONTRACTOR OR SUPPLIER NAME AND ADDRESS]

NOTICE OF FURNISHING LABOR OR MATERIALS

1. Claimant: [NAME].
2. Person with whom Claimant contracted or by whom Claimant was employed: [NAME].
3. Labor, services, or materials furnished and contract price or value: [DESCRIPTION AND $AMOUNT]. Specially fabricated materials furnished by another person and their contract price or value, if any: [DESCRIPTION AND $AMOUNT / NONE].
4. Project identification and location: [DESCRIPTION AND ADDRESS].
5. First item actually furnished or scheduled: [DATE]; last item actually furnished or scheduled: [DATE].
6. Amount claimed due, if any: $[AMOUNT / NONE].

Claimant signature: ______________________________ Date: [__/__/____]
Printed name and title: [NAME / TITLE]

Certified or registered mail tracking number: [NUMBER]

Before sending, confirm whether an effective § 29-5-23 Notice of Project Commencement was filed and the required jobsite posting completed. If no effective notice was filed, § 29-5-20(B) is inapplicable.

Part B — Claim of Mechanics Lien

Statement of Mechanic's Lien (South Carolina — S.C. Code § 29-5-90)

Recording requested by / Return to:
[CLAIMANT NAME]
[ADDRESS]

(Space above for Register of Deeds use)

I. Claimant

II. Owner / Possessor

III. Person With Whom Claimant Contracted

IV. Property

V. Labor, Materials, or Services Furnished

[DESCRIBE LABOR, MATERIALS, OR SERVICES FURNISHED FOR THE IMPROVEMENT]

VI. Amount Claimed

Costs and reasonable attorney fees may be awarded to the prevailing party in an enforcement action within the limits of S.C. Code § 29-5-10(a); they are not included in the principal balance above.

VII. Statement and Claim

The undersigned hereby claims a Mechanic's Lien pursuant to S.C. Code §§ 29-5-10 and 29-5-20 upon the above-described building or improvement and the owner's interest in the lot on which it stands, for the principal amount stated above.

VIII. Verification

State of South Carolina )
) ss.
County of [COUNTY] )

[NAME], being first duly sworn, deposes and states that he/she is the Claimant or duly authorized agent of the Claimant; that he/she has read the foregoing Statement of Mechanic's Lien; that its account, property description, and other stated facts are true and correct; and that the amount claimed is justly due after all just credits and offsets.

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

Notary Public for South Carolina: ________________________________ My commission expires: [__/__/____]

[NOTARY SEAL]

Exhibit A — Legal Description

[INSERT FULL LEGAL DESCRIPTION]

Part C — Notice of Filing Lien Claim to Owner

Service of Statement of Mechanic's Lien (S.C. Code § 29-5-90)

TO: [OWNER NAME]
[OWNER ADDRESS]

Date: [__/__/____]

Enclosed is the verified Statement of Mechanic's Lien concerning property located at [PROPERTY ADDRESS]. The statement was filed on [__/__/____] in the Office of the Register of Deeds or Clerk of Court for [COUNTY] County, South Carolina, at Book [___] Page [___] / Instrument No. [_____]. This cover letter is delivered with the statement; it does not replace service of the statement required by § 29-5-90.

The principal amount claimed is $[AMOUNT]. Costs and reasonable attorney fees may be awarded in an enforcement action under S.C. Code § 29-5-10(a).

Effect of the Lien. The lien concerns the building or improvement and the owner's interest in the lot. Unless the claim is sooner resolved, Claimant must commence an enforcement suit and file notice of pendency within six months after ceasing labor or furnishing labor or materials under S.C. Code § 29-5-120(A). The property may be discharged from the lien by a qualifying written undertaking and security under § 29-5-110.

Demand. Claimant requests payment of the full balance by [REQUESTED DATE]. This requested date is not a statutory deadline. Contact the undersigned to resolve this matter without litigation.

Enclosure: Statement of Mechanic's Lien

Affidavit of Service of Lien Statement on Owner

State of South Carolina )
) ss.
County of [COUNTY] )

[AFFIANT NAME], being duly sworn, states: On [__/__/____], I served the foregoing Statement of Mechanic's Lien on [OWNER / PERSON IN POSSESSION IF OWNER COULD NOT BE FOUND] at [ADDRESS] by [METHOD OF SERVICE]. The proof of service is attached. If neither the owner nor the person in possession could be located after diligent search, attach the sheriff's or deputy sheriff's affidavit described in § 29-5-90 when filing the statement.

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

Notary Public for South Carolina: ________________________________ My commission expires: [__/__/____]

Part D — Suit to Foreclose

Common Pleas Caption

Summons

To the Defendants above named:

You are summoned and required to answer the attached Petition and serve a copy of your Answer on the undersigned attorney for the Plaintiff within [RESPONSE PERIOD REQUIRED BY CURRENT SOUTH CAROLINA COURT RULES] after service. If you fail to answer within that period, Plaintiff may request relief available under the applicable rules. Counsel must complete this period and confirm the summons wording before service.

Complaint (Petition) to Enforce Mechanic's Lien

Plaintiff [CLAIMANT], complaining of Defendants, alleges:

1. Plaintiff is [ENTITY TYPE] organized under the laws of [STATE], doing business in South Carolina.
2. Defendant [OWNER] is the record owner of the property described in paragraph 4.
3. Other Defendants are joined because they claim or may claim an interest in the Property.
4. The Property is located at [ADDRESS], [COUNTY] County, South Carolina, TMS [_____], more fully described in Exhibit A.
5. Under the contract dated [__/__/____] between Plaintiff and [HIRING PARTY], Plaintiff agreed to [BRIEF SCOPE] for $[CONTRACT PRICE / PRICING TERMS]. Between [__/__/____] and [__/__/____], Plaintiff furnished [DESCRIBE LABOR OR MATERIALS] for the owner-authorized improvement. The amount due after all just credits and offsets is $[AMOUNT]; payments received total $[AMOUNT].
6. To the extent required, Plaintiff gave written notice to the Owner under S.C. Code § 29-5-40 on [__/__/____] and, if Plaintiff is a covered sub-subcontractor or supplier, mailed the separate § 29-5-20(B) Notice of Furnishing to the Contractor on [__/__/____].
7. On [__/__/____], within 90 days after Plaintiff ceased furnishing, Plaintiff (a) filed a verified Statement of Mechanic's Lien with the Register of Deeds or Clerk of Court of [COUNTY] County at Book [___] Page [___] / Instrument No. [_____], and (b) served the statement on the Owner or other statutory recipient, in compliance with S.C. Code § 29-5-90.
8. This action is commenced within six (6) months after Plaintiff ceased labor or furnishing labor or materials, as required by S.C. Code § 29-5-120(A).
9. A Notice of Pendency of this action is being filed within that same six-month period.

WHEREFORE, Plaintiff prays for judgment:

• Adjudging the Mechanic's Lien valid in the principal amount of $[AMOUNT] and awarding any costs and reasonable attorney fees allowed to the prevailing party under S.C. Code § 29-5-10(a);
• Decreeing sale of the Property to satisfy the lien, with proceeds applied according to priorities determined by the Court;
• For such other relief as is just.

Notice of Lis Pendens

Notice is given that an action has been commenced in the Court of Common Pleas of [COUNTY] County, South Carolina, by [PLAINTIFF] against [DEFENDANTS], Case No. [_____-CP-__-_____], affecting title to the real property described in Exhibit A, in which Plaintiff seeks to enforce a Mechanic's Lien recorded [__/__/____] at Book [___] Page [___].

Property address: [ADDRESS], [COUNTY] County, South Carolina.

Exhibit A legal description: [ATTACH FULL LEGAL DESCRIPTION].

Plaintiff or counsel signature: ______________________________
Printed name and address: [NAME / ADDRESS]
Date: [__/__/____]

Part E — Pre-Filing Checklist

☐ Determine Claimant's tier (GC, sub, sub-sub, supplier) — affects notice & aggregate-cap rules under § 29-5-20
☐ Check for an effective Notice of Project Commencement and jobsite posting under § 29-5-23
☐ Calendar first date of furnishing and last date of furnishing
☐ If claimant was employed by someone other than owner, deliver § 29-5-40 written owner notice before lien attachment
☐ If § 29-5-20(B) applies, mail its six-item Notice of Furnishing to contractor by certified or registered mail
☐ If contractor licensing or registration is required, provide proof and include the license or registration number on the lien statement under § 29-5-15(A)
☐ Pull TMS/parcel number and current title information
☐ Compute lien amount net of just credits and offsets; do NOT inflate
☐ Calendar 90-day deadline from last furnishing for filing AND service of Statement of Lien
☐ Calendar 6-month deadline from cessation of labor or furnishing for both enforcement suit and notice of pendency
☐ Verify Statement of Mechanic's Lien under oath before SC notary
☐ File Statement with the Register of Deeds or Clerk of Court in the property county
☐ Serve the lien statement on owner, or on person in possession if owner cannot be found, within 90 days
☐ Retain proof of service (green cards, sheriff returns)
☐ Send Part C cover letter with file-stamped lien
☐ Diary 6-month deadline for both suit and notice of pendency; prepare petition, summons, and notice
☐ Monitor for owner-filed bond under § 29-5-110
☐ Have a South Carolina-licensed attorney review before filing

Sources and References

• S.C. Code Title 29, Chapter 5 (full): https://www.scstatehouse.gov/code/t29c005.php