I work for a GC. I filed a Claim of Lien for a Job on March 18, 2021 and sent a copy of the filed Claim via Certified Mail to the homeowner that day. That copy was returned to us today, without a signature and the note "RETURN TO SENDER UNABLE TO FORWARD". My question is, does the copy of the Claim of Lien filed have to be sent and received with a signature by the homeowner, or can I simply send it through regular mail, or do I need to put in a different envelope and resend it Certified again.
Whether a notice of claim of lien in Wisconsin is considered served upon mailing or upon actual receipt is unclear.
The term "serve" under Wisconsin's lien laws is defined under Wis . Stat. §779.01(2)(e), and states that served "means personal delivery, delivery by registered or certified mail, service in a manner described for in a service of summons... or any other means of delivery in which the receipt makes written confirmation of the delivery."
There was a case back in 1995 where the topic of service for the notice of intent was discussed. The court declared the service is complete upon mailing. However, that decision (a) focused on the notice prior to filing as opposed to serving the claim of lien, and (b) the opinion was issued prior to the amendments and revisions to WI lien law in 2005.
Given that, it may be best practice to err on the side of caution and resend the lien claim by certified mail, and/or attempt personal delivery to be sure that the claim isn't invalidated due to lack of notice. If not, retaining the mailing receipts of the two attempted certified mailings will be valuable evidence of due diligence/substantial compliance if the claim is challenged.