Mechanics Lien Filing Package — South Carolina

Mechanics Lien Filing Package (South Carolina)

Quick-Reference Summary

Part A — Pre-Lien Notice

Notice of Furnishing Labor or Materials (S.C. Code § 29-5-20)

TO: [OWNER NAME]
[OWNER ADDRESS]

AND TO: [GENERAL CONTRACTOR NAME]
[GC 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 § 29-5-20, the undersigned, [CLAIMANT NAME] ("Claimant"), gives notice that it is furnishing or has furnished labor and/or materials to the above-described improvement, under contract with [HIRING PARTY].

Claimant gives this Notice to preserve, to the maximum extent permitted by law, its rights to assert a mechanic's lien on the Property if not paid for its contributions. If the Owner has filed a Notice of Project Commencement pursuant to S.C. Code § 29-5-15, this Notice of Furnishing is being served within the period required to preserve Claimant's rights against the Owner.

Service: [☐ U.S. registered mail, return receipt requested / ☐ U.S. certified mail, return receipt requested / ☐ personal delivery] to last-known address.

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

Plus interest from [__/__/____], reasonable attorney fees, and costs as permitted by S.C. Code § 29-5-10(a).

VII. Statement and Claim

The undersigned hereby claims a Mechanic's Lien pursuant to S.C. Code §§ 29-5-10 et seq. upon the above-described real property, including the building/improvement and the lot on which it stands, to the extent of the Claimant's interest, 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 and knows its contents; that the contents are true to the best of affiant's knowledge and belief; and that the amount claimed is justly due and owing 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 Recorded Statement of Mechanic's Lien (S.C. Code § 29-5-90)

TO: [OWNER NAME]
[OWNER ADDRESS]

Date: [__/__/____]

This serves as notice that on [__/__/____], the undersigned recorded a verified Statement of Mechanic's Lien against your property located at [PROPERTY ADDRESS] in the Office of the Register of Deeds for [COUNTY] County, South Carolina, at Book [___] Page [___] / Instrument No. [_____]. A certified copy of the recorded Statement is enclosed.

The principal amount of the lien is $[AMOUNT], plus interest, costs, and reasonable attorney fees as permitted by S.C. Code § 29-5-10(a).

Effect of the Lien. The lien attaches to the property and improvements to the extent of the owner's right, title, and interest. The lien will be enforced by petition filed within six (6) months of last furnishing under S.C. Code § 29-5-120 unless the claim is sooner paid, released, or bonded around under S.C. Code § 29-5-110.

Demand. Claimant demands payment of the full balance within fifteen (15) days. Contact the undersigned to resolve this matter without litigation.

Enclosure: Certified copy of recorded 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] at [ADDRESS] by [☐ personal delivery / ☐ U.S. certified mail, return receipt requested / ☐ deputy sheriff service]. The proof of service is attached.

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 Complaint herein, a copy of which is served upon you, and to serve a copy of your Answer on the undersigned attorney for the Plaintiff within thirty (30) days after the service hereof, exclusive of the day of service. If you fail to answer the Complaint within that time, judgment by default will be rendered against you for the relief demanded.

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. Between [__/__/____] and [__/__/____], Plaintiff furnished labor and/or materials for the improvement of the Property at the special instance and request of [HIRING PARTY]; the reasonable value of such furnishings, after just credits and offsets, is $[AMOUNT], no part of which has been paid except [$AMOUNT or "nothing"].
6. To the extent required, Plaintiff served a Notice of Furnishing Labor or Materials pursuant to S.C. Code § 29-5-20 on the Owner and General Contractor on [__/__/____].
7. On [__/__/____], within 90 days of Plaintiff's last furnishing, Plaintiff (a) filed a verified Statement of Mechanic's Lien with the Register of Deeds of [COUNTY] County at Book [___] Page [___] / Instrument No. [_____], and (b) served a certified copy of the recorded Statement on the Owner, in compliance with S.C. Code § 29-5-90.
8. This action is commenced within six (6) months of Plaintiff's last furnishing of labor or materials, as required by S.C. Code § 29-5-120.
9. A Notice of Lis Pendens is being filed contemporaneously with this Complaint.

WHEREFORE, Plaintiff prays for judgment:

• Adjudging the Mechanic's Lien valid in the principal amount of $[AMOUNT], plus interest, costs, and reasonable attorney fees 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 a personal/deficiency judgment against [LIABLE PARTY] as the Court may allow; and
• 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 [___].

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 owner's Notice of Project Commencement under § 29-5-15
☐ Calendar first date of furnishing and last date of furnishing
☐ Serve § 29-5-20 Notice of Furnishing on Owner AND GC by certified/registered mail with return receipt
☐ Confirm SC contractor licensing for the trade and value of work (licensing failures void liens)
☐ 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 last furnishing for petition to enforce
☐ Verify Statement of Mechanic's Lien under oath before SC notary
☐ File Statement with Register of Deeds (or Clerk of Court if no ROD) in correct county
☐ Serve certified copy of recorded Statement on owner (and possessor if different) within 90 days
☐ Retain proof of service (green cards, sheriff returns)
☐ Send Part C cover letter with file-stamped lien
☐ Diary 6-month suit deadline; prepare petition, summons, and lis pendens
☐ 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
• S.C. Code § 29-5-20: https://law.justia.com/codes/south-carolina/title-29/chapter-5/section-29-5-20/
• South Carolina Code Ch. 5 (Justia): https://law.justia.com/codes/south-carolina/title-29/chapter-5/
• Levelset SC lien guide: https://www.levelset.com/mechanics-lien/south-carolina-lien-law-faqs/
• Spilman Thomas & Battle synopsis: https://www.spilmanlaw.com/resource-article/lien-on-me-a-synopsis-of-south-carolina-lien-law/
• Rosen Hagood — preserve and enforce SC mechanic's lien: https://rosenhagood.com/how-to-preserve-and-enforce-a-mechanics-lien-in-sc/