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Business Development

Georgia

I have a client that didn't pay her bill and therefore I filed a lien on her property. She claims that she never received the correspondence about the lien until she went to sell the property and said that since she never received the certified lien that it is null and void, even though I have a stamped copy by the clerk of court in the county of her property. I did track it through USPS and it looks as though it was never delivered nor returned. Is the client right? Is her lien null and void?

2 replies

Jul 6, 2022
If you mailed a copy of the lien by certified mail within two business days of filing it, addressed to the property owner at his/her last known address, then your lien should be enforceable. The fact that the postal service did not deliver it for one reason or another does not invalidate the lien. I hope that helps. Thank you, Bill Kidd
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Jul 6, 2022

Thank you so much for your help. The client's attorney already contacted me to pay the lien but she's now saying that it's null & void, as she never received the certified letter and told her attorney to not pay off the lien. I appreciate your help and the time you took to provide me with an answer. Lisa Todd ~ Design BIM Group, LLC

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