Home>Levelset Community>Legal Help>What kind of service of the lien is required?

What kind of service of the lien is required?

I'm a direct contractor, and I'm filing several liens in NC. Your resources say that I have 120 days to both file and serve the lien. How should the lien be served? Should the lien be recorded first? If mailed, does the owner have to receive the lien by that 120 day deadline? Thanks.

1 reply

Jun 2, 2020

In North Carolina, a mechanics lien must be filed and served within the 120 days after the date of last furnishing. The service of the lien claim requirement is found under N.C. Gen Stat. §44A-11. If serving by mail, the statute only requires that it be sent by USPS. However, we recommend certified mail. That way you have a receipt of the mailing as proof of service because the notice is deemed "served" once the notice is deposited, actual receipt isn't required. As far as timing is concerned, there is no requirement to file the claim before sending a copy. Just that both are done before the 120-day period expires. The best practice is to fill out two copies of the claim and send one copy to the owner, and file the other with the clerk of the court on the same day.

0 people found this helpful

Helpful