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Do we need to take further action to remove a lien after filing a contest of lien in Georgia?

GeorgiaMechanics Lien

I am a general contractor. I had a subcontractor file a lien on my clients property due to lack of payment. They were not paid because they did not finish the job so they did not get the balance owed to them. We filed a Contest of Lien, giving them 90 days to do something. They have done nothing. How do I get the lien removed. Thank you.

1 reply

Dec 12, 2019

A Georgia Notice of Contest of Lien is governed by Ga. Code §44-14-368. Subsection (c) of this statute discusses this exact issue. It states that "the lien shall be extinguished by law 90 days after the filing of the notice of contest of lien if no notice of commencement of lien action is filed in that time period. No release or voiding of such liens shall be required." Thus, there is no action that needs to be taken to "remove the lien." The Notice of Contest operated exactly as it was intended, it's meant to essentially call the bluff of the lien claimant, requiring them to either enforce the claim, or the lien will be extinguished automatically. Here are some additional resources you may find helpful:

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