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Mechanics lien in GA

GeorgiaLien DeadlinesMechanics Lien

We filed a mechanics lien here in GA 5 days ago. And were unaware of the 2 day notice that should have been sent to the person we were filing against. How should we proceed with this situation? Should we resubmit our lien or should we go ahead and send the notice now even though its outside of the 2 days? Basically how strict is that 2 days.

1 reply

Aug 1, 2018
Georgia law requires that the lien claimant send a copy of the lien claim to the owner of the property, by registered or certified mail or overnight delivery within 2 business days of the filing of the lien itself. This notice is essential. Specifically, GA statutes provide that: "No later than two business days after the date the claim of lien is filed of record, the lien claimant shall send a true and accurate copy of the claim of lien by registered or certified mail or statutory overnight delivery to the owner of the property. . ." If the owner’s address cannot be found, it is allowable for the lien to be sent to the prime contractor as an agent of the owner.

Since mechanics liens are created by statute, and can have severe consequences, strict compliance with the statutory requirements is required in order for a valid and enforceable lien to be maintained. If there is still time remaining before the lien deadline expires, a new lien may be recorded and appropriately served, to comply with the requirements.
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