West Virginia Mechanics Lien Form
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When unpaid on a construction project, a party in West Virginia may file a mechanics lien against the project. Liens in West Virginia must be filed and served.
Do not be alarmed by the name of the document – the lien in West Virginia is formally called a “Notice of Mechanics Lien.” Despite the name, the document is the lien claim itself and is not a standard notice. The West Virginia Notice of Mechanics Lien must be recorded in the office of the Clerk of the County Court (County Commission) where the property is located. In addition to having the lien filed…a “Notice” must be served on the property owner. The “Notice” is actually just another copy of the mechanics lien. This must be served through the Sheriff’s office for the county where the property owner is located.
Fill out the form on the right to download your West Virginia Mechanics Lien Form. Use this form to file a lien in West Virginia.
Rules and regulations for sending a West Virginia Mechanics Lien
In West Virginia. a mechanics lien must be filed within 100 days from last furnishing labor and/or materials to the project. This marks the expiration of that period, and your claim of lien for this project must be filed before this date.
Others are asking about West Virginia Mechanics Lien
Hope this helps!
Can I use Level Set to place a lien involving Utilites
Generally speaking, for jobs that span multiple properties with multiple owners, a separate mechanics lien would be needed for each property. That's why mechanics liens typically aren't the greatest solution for work that spans multiple properties owned by different owners - like utility work. This is especially true when the project goes so far as to span multiple counties.
To be sure, § 38-2-29 of West Virginia's lien statute does state that one single lien can be filed against a project multiple properties. However, that section seems only to apply to a single project spanning multiple properties where those properties are owned by a single owner. It's likely possible to file a lien against each property where work was done. Though, the logistics and cost of doing that might be prohibative.
Keep in mind that using other recovery tools - like demand letters or a Notice of Intent to Lien - could force payment before lien filings become necessary. And, pursuing recovery that way could help to avoid the question of liens altogether. More on those options, here: (1) Construction Demand Letters – How To Write One That Gets You Paid; and (2) What is A Notice of Intent to Lien And Should I Send One?
As far as Levelset goes - the Community is designed to answer questions regarding construction payment and construction law. And, questions about the Levelset platform and its capabilities are best directed at the Levelset Support team or your account manager. You can contact Support here: Contact Us.
Does the contractor have to submit a bill or invoice to the homeowner before placing a lien on the home?
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Other forms to use in West Virginia
West Virginia County Recorders
Looking to file/record a mechanics lien in West Virginia? You'll need to get your West Virginia 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 West Virginia. Click on any county to find more information about how to get your lien recorded in that county.
100 West Kings St
Martinsburg, West Virginia, 25401
200 State Street, Suite 104
Madison, West Virginia, 25130
750 5th Avenue
Huntington, West Virginia, 25701
246 main st
Clay, West Virginia, 25043
100 Court Street
Fayetteville, West Virginia, 25840
phone: (304) 574-4226
912 Court Street North
Lewisburg, West Virginia, 24901
19 E. Main Street
Romney, West Virginia, 26757
102 Court St
New Cumberland, West Virginia, 26047
phone: 304 564 3311
204 Washington St. Room 111
Moorefield, West Virginia, 26836
301 W Main Street
Clarksburg, West Virginia, 26301
phone: (304) 624-8675
100 Court Street North
Ripley, West Virginia, 25271
409 Virginia Street East
Charleston, West Virginia, 25301
phone: (304) 357-0130
fax: (304) 357-0585
110 Center Avenue
Weston, West Virginia, 26452
PO BOX 497
Hamlin, West Virginia, 25523
phone: :(304) 824-7990 ext. 233
300 Stratton St, Room 101
Logan, West Virginia, 25601
219 Adams St #211
Fairmont, West Virginia, 26554
phone: (304) 367-5360
600 7th Street, Rm 106
Moundsville, West Virginia, 26041
phone: (304) 845-1220
fax: (304) 845-3948
90 Wyoming Street STE 109
Welch, West Virginia, 24801
243 High Street, Courthouse Rm 123
Morgantown, West Virginia, 26505-5491
77 Fairfax St. Suite 102
Berkley Springs, West Virginia, 25411
1500 Chapline St, Room 205
wheeling, West Virginia, 26003
106 W Main St. #103
Kingwood, West Virginia, 26537
12093 Winfied Road, Ste 3
Winfield, West Virginia, 25213
phone: (304) 586-0202
2 Randolph Avenue
Elkins, West Virginia, 26241
115 E Main St
Harrisville, West Virginia, 26362
200 Main St
Spencer, West Virginia, 25276
phone: (304) 927-2860
PO BOX 248
Wayne, West Virginia, 25570
phone: (304) 272-6362
200 Main St.
New Martinsville, West Virginia, 26155