My husbands license expired and he’s been stuck with 45,000 being owed on a house that he helped build by the home owners .. can he file a lien and sue in court In Mississippi?
1 reply
Aug 19, 2020
Mississippi's mechanics lien statute is very specific about requiring a license. § 85-7-403(5) of that statute states that unlicensed contractors are not entitled to file a mechanics lien if their work requires a license. So, it wouldn't be surprising at all for a Mississippi contractor's mechanics lien to be deemed invalid when their license is expired.
At the same time, there isn't clear guidance on the case of an expired license. Plus, if the license can be legally renewed by the time a mechanics lien gets filed, there's a chance the lien might not be tossed aside even if the expired license might put the lien in jeopardy. Though, that might be a bit optimistic. Regardless - if you're considering filing a Mississippi mechanics lien, these resources will be useful: (1) Mississippi Mechanics Lien Guide and FAQs; and (2) How to File a Mississippi Mechanics Lien | A Step-by-Step Guide.
In any event, keep in mind that the threat to file a mechanics lien can be just as effective as a lien filing itself. So, sending a Notice of Intent to Lien is typically a good step for showing customers that you're serious about getting paid and willing to do whatever is necessary to make sure that happens.