What form do you use in the state of Georgia to file an Amended Lien?
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Nov 11, 2019
Georgia is one of the few states that specifically allow for the amendment of filed mechanics lien claims. However, Georgia claimants can only amend a filed lien claim to reduce the amount claimed by the lien.
Amending a Georgia Mechanics Lien Claim
This process is codified O.C.G.A. §44-14-361.1(a.1): 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.
Information to be included in a Georgia amendment to a mechanics lien
The statute states that the amendment filing shall be in substance as follows:
That certain claim of lien filed by [claimant] against property of [owner] on [date] and recorded at book [book #], page [page#] in the lien index of [name of county] County is hereby amended by reducing the amount of such claim of lien to [specify reduced amount claimed]. The remaining terms of such original claim of lien are hereby incorporated by reference into this amended claim of lien. This amended claim of lien relates back to the date that such original claim was filed for record.
It's worth noting that the specific document format and details should be clarified with the county recorder's office as the requirements can vary. You can find a list of Georgia county recorder offices and links to their websites.
How to file an amendment to a Georgia mechanics lien
The rules regarding a lien amendment, are essentially the same as filing a lien. It must be filed in the same county recorder office where the lien claim was initially filed. Once filed, a copy of the amended claim needs to be sent to the property owner by registered or certified mail, or overnight delivery within 2 business days of filing.
Alternative to Amending a Lien Claim
If trying to increase the amount claimed, or to fix some other sort of error or incorrect information on the lien claim, this option will not be available. If however, the deadline to file a lien hasn't passed, another option would be to release the incorrect claim and simply file a new claim.
Here are some articles (1) How to File a Georgia Mechanics Lien, (2) How do Amended Liens Work?