Do I only need to mail a certified copy to the address of the contractor that files a erroneous lien on my house once I file the contest with the county? I have mailed demand to release and he won’t accept them.
A Georgia Notice of Contest of Lien is governed by OCGA §44-14-368. This statute provides the form and content that must be included in the notice. Once properly filled out, the notice must be filed in the superior court clerk's office where the lien was filed.
Afterwards, a copy must be sent to the contractor's address on the lien claim within 7 days of the date the notice was recorded. If the notice is sent by registered or certified mail, the notice is considered served when deposited in the mail. The claimant will then have 60 days from service of the notice to file an enforcement action, and an additional 30 days after that to file a Notice of Commencement of Lien Action. If not, the claim will be extinguished by law 90 days after the Notice of Contest of Lien was filed.
Good luck!