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When should a lien be filed in SC?

South CarolinaMechanics Lien

I'm a GC in SC. When a lien is filed in SU I'm unsure if the claim needs to be served within the lien deadline or if it's okay to serve the owner outside the deadline? Another question I have is about the serving process, when a lien is served to the property owner is it required for the document to include the recorded information?

2 replies

Jan 25, 2021

Generally, South Carolina mechanics liens should be served within the same 90-day period that the lien must be filed in, under § 29-5-90 of the state's lien statute. In fact, some South Carolina counties will actually require proof of service of the lien - otherwise, they won't record the mechanics lien filing. This isn't an explicit legal requirement set out by the lien statute. However, if the county refuses to record a lien without having proof of service, claimants won't really have much choice.

As for whether the lien's recording information must be included with served liens - generally, no, that's not required in order to have a valid mechanics lien. And, in the counties where the recorder won't file a lien until it's been served, that order of operations isn't really possible, anyway.

For further discussion on filing and serving South Carolina mechanics liens: (1) South Carolina Mechanics Lien Guide and FAQs; and (2) How to File a South Carolina Mechanics Lien – Step by Step Guide to Get You Paid.

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Jan 26, 2021
Per SC Code 29-5-90, the lien needs to be served and filed within 90 days of the last date of work. You can serve a non-recorded lien.
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