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Can a lien filed in court be discharged by a lien removal bond?

GeorgiaBonding Off Lien
Anonymous Sub-Subcontractor

I filed a lien for non-payment against our contractor. His attorney ($25/hr) sent us a letter saying the lien was discharged by a lien removal bond. Is this possible and our rights removed?

2 replies

Levelset Admin at Levelset
| 335 reviews
Jan 15, 2021

Yes, this practice is known as "bonding off" a lien claim. A mechanics lien attaches directly to the property being improved; essentially "clouding the title." One option for owners/GCs is to clear title is to file a lien discharge bond (either by depositing cash, or a surety bond) with the county clerk. This replaces the property with the bond, but by no means invalidates or removes your claim; and actually works to your advantage. Your claim is now secured by a figurative "pile of money" as opposed to being secured by the actual property which may have additional or competing interests/claims.

The general GA lien enforcement deadline still applies, 365 days from when the claim was filed. But the dynamics of the enforcement lawsuit, if necessary, can differ a bit as the action will be filed against the bond.

For more on this, see: Don't Be Afraid of Threats to Bond Off Your Mechanics Lien 

NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such.
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Attorney and Owner at The Storrs Law Firm
| 98 reviews
Jan 19, 2021
I agree with Alex. If this is in fact the case, then this is good news because the lien bond provides a better source of recovery than the lien itself. Basically the lien bond would either be cash deposited in court or it would be a surety bond meaning that there is a deep pocket party that can pay your claim. If you need assistance in moving forward with your claim, please contact me. (404) 500-6302 or rstorrs@storrslaw.com
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