Home>Levelset Community>Legal Help>In filing a mechanics lien, I wrote the wrong number. Instead of $7,501, I accidentally put $75,001. Is my lien still valid?
In filing a mechanics lien, I wrote the wrong number. Instead of $7,501, I accidentally put $75,001. Is my lien still valid?
I am a sub contractor, to a general contractor, who was hired by building owner.
2 replies
Aug 28, 2018
Typographical errors on mechanics liens can be a tricky subject. Mechanics liens generally require strict adherence to the requirements set forth by statute. Sometimes, this can even mean that a "typo" can result in an invalid lien. It can be even more perilous when the issue relates to the amount claimed to be due. Since most states invalidate "fraudulent" or "over-reaching" liens, when the amount claimed is disproportionate to the amount actually due, it can raise some issues.
Good News, though. Georgia specifically allows a lien to be amended at any time in order to reduce the amount claimed to be due. Specifically, Georgia law states that: "A claim of lien may be amended at any time to reduce the amount claimed, and such amended claim of lien shall relate back to the date of filing for record of the original claim of lien." The statute goes on to state the form that such an amended lien should take.
So, whether a lien would be valid if the amount claimed was 10 times the amount due because of a typographical error? That's hard to determine. But, Georgia allows a lien to be amended to reduce the amount claimed at any time - so the lien can be corrected to state the amount actually due.
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Aug 28, 2018
That's a tough situation. A lien filed for an amount in excess of what's owed will typically result of an invalid mechanics lien. Luckily, the Georgia mechanics lien statute actually has a fix for an overstated lien built right into the statute. Under § 44-14-361.1(a.1) of Georgia's lien statute, "A claim of lien may be amended at any time to reduce the amount claimed, and such amended claim of lien shall relate back to the date of filing for record of the original claim of lien." Thus, when a claimant has accidentally filed a lien in excess of what is owed, that claim may be amended to reduce the amount of their lien at any time to correct the issue. An amendment to a mechanics lien follows essentially the same rules as a lien filing - it must be filed in the records at the same location as the lien claim and it must also be sent to the property owner just as the original lien filing was.