The recording must occur in the office of the judge of probate located in the county where construction took place. Upon recording the lien, the owner of the property will be limited in their ability to refinance or sell the property. It is this limitation that encourages the owner to pay the worker, either by paying them directly or by encouraging the general contractor to make payment.
Laws & Requirements
- Laws: Title 35, Ch. 11, Art. 5, Div. 8
- Signing Requirements (§ 35-11-213): Claimant and Notary Public
- Time Limit for Recording Lien (§ 35-11-215):
- Original contractors – six (6) months
- Day laborers/journeymen – thirty (30) days
- Subcontractors – four (4) months
- Deadline for Enforcing Lien (§ 35-11-221): Six (6) months