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How do I get a Mechanics Lien removed off of my property?

GeorgiaMechanics Lien

Hello, I hired a contracting company for a fairly large renovation on our home. The contractor was doing a terrible job and things out of sequence just to get paid per the draw schedule in our contract. After paying nearly $30K for poor work done, I refused paying him any further until he remedied the issues at hand to our satisfaction and to meet state code, which he did not do. We are now in a dispute and he filed a mechanics lien against my property. I learned he did not maintain his general contractors license with the state of GA which means he loses his right to lien my property. Is there a way I can request the removal of the lien myself with the county without this turning into a long drawn out legal dispute? Any advice is appreciated.

1 reply

Sep 19, 2019
There are two options available to have an invalid mechanics lien removed from a property in Georgia. As a side note: you are correct. Any contractor who is required to have a license, and does not, are unable to file a valid mechanics lien. Valid being the operative word, a mechanics lien can still be filed. Also, if the contractor intentionally filed a lien knowing it is invalid, it could very well be considered a fraudulent lien. So how to deal with this as a property owner? One option is to send a Notice of Contest. The typical deadline to enforce a mechanics lien claim in Georgia is 365 days. However, by sending a notice of contest, the time to enforce the lien is reduced to a mere 60 days. If the claimant doesn't take action to enforce the claim, the lien will be canceled. You can download a free template of a GA Notice of Contest form here. Another option is just to wait it out. One year is a long time to wait. But unless the property needs to be sold or refinanced, there's no harm in having an invalid lien claim on the property until it naturally expires. Here are some additional resources that may prove helpful: (1) Georgia Mechanics Lien Overview & FAQs; (2) How Do You Remove a Frivolous Mechanics Lien?, & (3) Is a Contractor License in Georgia Required?
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