Unless the property has an assigned lien agent, the claimant is not legally required to give the property owner advanced notice before filing a mechanic’s lien with the office of the clerk of the superior court where the property is located. However, a copy of the lien must be served on the property owner and (if applicable) general contractor, although no proof of service is required (§ 44A-11). If the owner doesn’t pay the amount owed, the lien will be a part of the property’s public record until the debt has been paid or the lien expires (after 180 days).
Laws & Requirements
- Laws: Chapter 44A – Statutory Liens and Charges
- Signing Requirements (§ 44A-12(c)(6)): Claimant
- Where to Record: Clerk of the Superior Court
- Time Limit for Recording Lien (§ 44A-12(b)): One hundred twenty (120) days
- Deadline for Enforcing Lien (§ 44A-13(a)): One hundred eighty (180) days