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When should I send a Notice of Intent?

LouisianaNotice of Intent to Lien

I see that most notice of intent deadlines are measured backwards from the lien deadline, but I want to make sure I give my customer enough time to pay me before my lien deadline so I won't be rushed. When is a good best practice for sending a notice of intent?

1 reply

May 8, 2018
That's a really good question. A Notice of Intent to Lien is only a required document in a minority of states. Granted, it's good practice to utilize a Notice of Intent even where it's not required (more on that idea, here: What Is A Notice of Intent to Lien And Should You Send One?). Anyway, in states where a Notice of Intent is a required document, the deadline to send that Notice of Intent is typically tied to the deadline to file - a given notice of intent to lien must be filed at least x days prior to a lien filing. However, sending such a notice earlier than required might be a good idea. As you'd mentioned in the above question, sending such a notice early will provide more time for a claimant's client to make payment. In a state where a Notice of Intent to Lien is not required, the notice may be sent at any time - so sending the Notice of Intent to Lien with ample time to make payment is likely a good idea. Of course, sending such a notice too early in the process could potentially to serve to weaken the effectiveness of a Notice of Intent to Lien. Typically, they're used as a final warning shot prior to a lien claim being filed. When required, they're usually sent 10 or 30 days before the deadline to file a lien - so that may be a good benchmark. Ultimately, though, balancing the above-discussed ideas (allowing a client enough time to pay, but not sending so early that the Notice of Intent is ineffective) can be tricky, and will often vary depending on the claimant, the project, and the recipient.
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