South Carolina Mechanics Lien – With Owner Contract Form
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Get help filing your South Carolina Mechanics Lien
Parties who have contracted directly with the owner of the property may use this form to file a mechanics lien in South Carolina.
This mechanics lien form is for parties who have contracted directly with the owner of the property. If you did not contract directly with the owner, check out the South Carolina Mechanics Lien – Without Owner Contract Form.
Fill out the form on the right to download your South Carolina Mechanics Lien – With Owner Contract Form. Use this form to file a lien in South Carolina.
Others are asking about South Carolina Mechanics Lien
When should a lien be filed in SC?
Generally, South Carolina mechanics liens should be served within the same 90-day period that the lien must be filed in, under § 29-5-90 of the state's lien statute. In fact, some South Carolina counties will actually require proof of service of the lien - otherwise, they won't record the mechanics lien filing. This isn't an explicit legal requirement set out by the lien statute. However, if the county refuses to record a lien without having proof of service, claimants won't really have much choice.
As for whether the lien's recording information must be included with served liens - generally, no, that's not required in order to have a valid mechanics lien. And, in the counties where the recorder won't file a lien until it's been served, that order of operations isn't really possible, anyway.
For further discussion on filing and serving South Carolina mechanics liens: (1) South Carolina Mechanics Lien Guide and FAQs; and (2) How to File a South Carolina Mechanics Lien – Step by Step Guide to Get You Paid.
29-5-90 SC law requires Statement of Account just and true, proper and just credits, what if only debt due stated
Generally, mechanics liens are only available to the extent that work has been performed but not paid for. A contractor cannot file a mechanics lien for the entire contract when they have only performed some small portion of the work. As you mention above, South Carolina seems to abide by this general rule: § 29-5-90 of South Carolina's mechanics lien statute calls for the amount that's due to the contractor, with just credits given.
With that in mind, if the contractor has only performed a small portion of the work but has filed a mechanics lien for the entire price of their contract, then there's probably a good chance that the lien is ovestated and rendered invalid or unenforceable as a result. Still - only a court can decide on the validity of a mechanics lien. Though, hiring a local South Carolina construction lawyer can help to review the validity of the claim, and they can advise you on the likelihood of success of challenging the lien. You can begin the search for a South Carolina lawyer here: Top South Carolina Construction Lawyers.
Finally, I think this article should be useful: A Mechanics Lien Was Filed on My Property – What Do I Do Now?
What happens if the contractor files a mechanics lien against my property?
First, it's worth noting that cleaning services, by themselves, are generally not lienable because they don't permanently improve, alter, or change the project property. More on that here: Can You File A Mechanics Lien for Cleaning Services?
As for how to respond to a mechanics lien or a threat of a lien claim, these two articles will be useful: (1) I Just Received a Notice of Intent to Lien – What Should I Do Now?; and (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?
With that being said, keep in mind that the cost of defending against a lien claim or having the lien removed could quickly exceed $1,000. So, even if you feel that full payment is not in order, it may be worthwhile to negotiate some lesser payment in exchange for a lien waiver. Plus, if you truly believe they have been stealing from you, you can always bring your own claims later on, if necessary.
Ask a construction lawyer about a South Carolina Mechanics Lien
Other forms to use in South Carolina
South Carolina County Recorders
Looking to file/record a mechanics lien in South Carolina? You'll need to get your South Carolina mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in South Carolina. Click on any county to find more information about how to get your lien recorded in that county.
1930 University Parkway
Aiken, South Carolina, 29801
phone: 803) 642-2072
401 E River St
Anderson, South Carolina, 29624
phone: (864) 260-4054
2959 Main Hwy #102
Bamberg, South Carolina, 29003
phone: (803) 245-3025
141 Main St
Barnwell, South Carolina, 29812
phone: (803) 541-1020
100 Ribaut Rd Room 205
Beaufort, South Carolina, 29901
1003 Highway 52
Moncks Corner, South Carolina, 29461
phone: (843) 719-4084
101 Meeting Street, Suite 200
Charleston, South Carolina, 29401
phone: (843) 958-4800
125 E. Floyd Baker Blvd.
Gaffney, South Carolina, 29342
301 W Main St
Dillon, South Carolina, 29536
phone: (843) 774-1425
201 Johnston Street
Saint George, South Carolina, 29477
phone: 843-832-0181 press 1
129 Courthouse Sq, Suite 205
Edgefield, South Carolina, 29824
101 South Congress Street
Winnsboro, South Carolina, 29180
180 North Irby St
Florence, South Carolina, 29501
phone: (843) 665-3031
129 Screven Street- Room 145
Georgetown, South Carolina, 29440
phone: (843) 545-3088
301 University Ridge Suite 1300
Greenville, South Carolina, 29601
528 Monument St # 114
Greenwood, South Carolina, 29646
phone: (864) 942-8613
1 Courthouse Square
Hampton, South Carolina, 29924
phone: (803) 914-2250 press 2
1301 Second Ave
Conway, South Carolina, 29526
358 Third Avenue
Ridgeland, South Carolina, 29936
515 Walnut Street, Room 180,
Camden, South Carolina, 29020
101 N. Main Street.
Lancaster, South Carolina, 10720
100 HILLCREST SQUARE-SUITE B
Laurens, South Carolina, 29360
139 E. Main Street, Suite D
Lexington, South Carolina, 29072
phone: (803) 785-8230 ext. 4
100 West Court Street
Marion, South Carolina, 29571
phone: (843) 423-8240
415 South Pine Street, Room 108
Walhalla, South Carolina, 29691
phone: (864) 638-4285
190 Gibson St.; Room 108
Orangeburg, South Carolina, 29116
phone: (803) 533-6235
222 McDaniel Avenue, B-5
pickens, South Carolina, 29671
1701 Main Street, Room 101
Columbia, South Carolina, 29201
366 North Church Street, Suite 100
Spartanburg, South Carolina, 29303
phone: (864) 596-2514
141 N Main St
Sumter, South Carolina, 29150
phone: (803) 436-2177
210 West Main St
Union, South Carolina, 29379
200 W Liberty Street
York, South Carolina, 29745