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Notice of intent ?

WisconsinMechanics Lien

Notice of intent to file lien. Does that have to be filed or can email notice be sufficient

1 reply

Nov 25, 2019
Wisconsin is one of relatively few states which actually requires that a Notice of Intent to Lien be sent prior to filing a lien claim in the state. The notice requirement is created by § 779.06(2) which requires the notice be served, in writing, upon the property owner. Generally, this is done via mailing the Notice of Intent (via registered or certified mail) because § 779.01(2)(e) defines "serve" or "served" to mean by personal delivery, mailing, or some other way where delivery of the service to the recipient can be confirmed. However, the Notice of Intent does not have to be mailed. So, typically, simply emailing a Wisconsin Notice of Intent to Lien won't suffice to fulfill notice requirements, since it would be hard to confirm actual delivery and receipt of the notice. Rather, mailing the notice - as contemplated by the statute - will generally be a safer way to proceed with giving notice. For more information on Wisconsin notices: Wisconsin Preliminary Notice Guide and FAQs.
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