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How is the timing of a mechanics lien calculated?

South CarolinaMechanics Lien

I had a pool contractor file a mechanics lien against my property for a pool that was built with many structural issues. It is completely false and fraudulent in the description and amount. We have just reason to sue this contractor, but he is worthless and we would spend more money in litigation to get nothing from a broke contractor. Unfortunately this timing could not be worse as we are in the process of refinancing our home (new construction). We have an attorney, but we are still confused if this lien is even enforceable as the last day the contractor was on our property was Oct. 7, 2019 and the lien was filed Jan. 6, 2020. We still have not been notified of the lien legally, I just called the county offices to see if one was filed. Please can you offer any advice? Was this lien submitted within 90 days?

1 reply

Jan 10, 2020
As you state, a mechanics lien in South Carolina must be filed within 90 days from the last date on which the claimant furnished labor or materials to the property in order to be valid - but the rules and requirements do not stop there. Not only must the lien be filed within the 90-day period, the property owner must be served with a copy of the lien by the sheriff. Some counties in South Carolina require that a proof of service of the lien on the owner be provided prior to the recording of the lien. However, in any event, the property owner must be served with a copy of the lien within the same 90-day period in which the lien must be filed. If the property owner cannot be found, the lien may be served on the person in possession of the property – and an affidavit of the sheriff stating that the owner could not be found must be filed. Note that service may not be accomplished by mail, or even by a private process server. South Carolina requires that the lien be served on the property owner (or person in possession, if the property owner cannot be found) by the sheriff. Failure to comply with either of these deadlines and requirements renders the lien invalid and unenforceable. And, if the filing and service is not accomplished correctly and within the proper time period, § 29-5-90 specifies that the lien shall be dissolved.
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