Filing A Lien In Montana Without A Lawyer

Category:

Liens - Construction - Mechanics

State:

Montana

Control #:

MT-08-09

Format:

Instant download

This form is part of a form package!

Get all related documents in one bundle, so you don’t have to search separately.

View package

Description

Filing a lien in Montana without a lawyer allows individuals to secure payment for services or materials provided in construction projects. This process can be accomplished using the Construction Lien Notice form, which is straightforward and designed for individual filers. Users must complete key sections including identification of the property, the homeowner, and details regarding the unpaid amount. It is crucial to serve a copy of the lien notice to all property owners, as certified in the attached Certificate of Service. Fill in specific dates regarding the provision of materials and any notices sent. This form serves a vital role for various legal professionals, such as attorneys and paralegals, as well as construction partners and associates seeking to maintain financial security in their projects. By enabling the filing process without legal representation, it enhances accessibility for individuals unfamiliar with legal procedures. Adhering to state statutes, this form helps ensure compliance with Montana's lien laws while protecting the filer's rights.

Bond claim file form nz

View this form

Last Will and Testament for Divorced and R...

View this form

Subsidiary Assumption Agreement

View this form

Proxy Statement - Metropolitan Bancorp wit...

View this form

14.48 ELEMENTS OF CLAIM: FAILURE TO REINST...

View this form

Sample Brief - Injunction

View this form

Sample Letter for General and Absolute Rel...

View this form

Waiver and Release From Liability For Mino...

View this form

Counter Offer Letter - Conditional Accepta...

View this form

Disclaimer of All Rights Under Operating A...

View this form

Special Meeting Minutes of Shareholders

View this form

How to fill out Montana Construction Lien Notice - Individual?

Obtaining a reliable source for the latest and pertinent legal templates is a significant part of dealing with bureaucracy.

Locating the appropriate legal documents requires accuracy and meticulous attention, which is why it’s crucial to obtain samples of Filing A Lien In Montana Without A Lawyer exclusively from reputable providers, such as US Legal Forms.

Eliminate the stress associated with your legal documents. Explore the comprehensive US Legal Forms catalog to find legal templates, assess their relevance to your situation, and download them instantly.

Utilize the catalog navigation or search bar to locate your template.
Review the form’s description to determine if it meets the criteria for your state and area.
Examine the form preview, if available, to confirm that the template is indeed the one you need.
Return to the search to find the correct template if the Filing A Lien In Montana Without A Lawyer does not fulfill your needs.
Once you are confident about the form’s relevance, download it.
If you are a registered user, click Log in to validate and access your selected forms in My documents.
If you do not yet have an account, click Buy now to purchase the form.
Select the pricing plan that best fits your requirements.
Proceed to the registration to complete your purchase.
Conclude your purchase by choosing a payment method (credit card or PayPal).
Select the file format for downloading Filing A Lien In Montana Without A Lawyer.
After obtaining the form on your device, you can edit it using the editor or print it out for manual completion.

Form popularity

FAQ

New Filings UCC1 Lien$7.00Federal Tax Lien$7.00DPHHS Notice Of Child Support Lien$7.00Title 71 Crop Lien For Seed Or Grain$7.00Title 71 Crop Lien For Hail Insurance$7.008 more rows

About Montana Notice of Intent to Lien Form No one wants to be forced to file a mechanics lien, and this document gives all of the parties involved one final chance to take care of the payment issues on a project. This form advises the party that a lien will be filed if payment is not received within 10 days.

Lien must be filed within 90 days of last providing labor or materials. An action to enforce a mechanics lien in Montana must be initiated within 2 years from lien's filing.

Ing to the mechanics lien law, after your notices are served timely the lien must be filed in the county recorder's office in the county where the property is located. The lien may either be served by certified mail, return receipt requested, or personally served on each of the parties.

Trusted and secure by over 3 million people of the world’s leading companies

Construction Lien Notice - Individual

Note: This summary is not intended to be an all inclusive discussion of Montana's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Every State permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their State should always consult their State statutes directly.

Who can claim a lien in this State?

A person who furnishes services or materials pursuant to a real estate improvement contract may claim a construction lien to secure the payment of his contract price. M.C.A. Â§ 71-3-523.

How long does a party have to claim a lien?

A Lien Claim must be filed within ninety (90) days of the final furnishing of material or services or within ninety (90) days of the filing of a Notice of Completion by the property owner. M.C.A. Â§ 71-3-523.

What kind of notice is required prior to claiming a lien?

Some parties will be required to file a Notice of Right to Claim Lien. A Notice is NOT required by (a) a person who furnishes services or materials directly to the owner at the owner's request; (b) a wage earner or laborer who performs personal labor services for a person furnishing any service or material pursuant to a real estate improvement contract; (c) a person who furnishes services or materials pursuant to a real estate improvement contract that relates to a dwelling for five or more families; or (d) a person who furnishes services or materials pursuant to a real estate improvement contract that relates to an improvement that is partly or wholly commercial in character.

Generally, if required, a Notice of Right to Claim Lien must be filed within twenty (20) days after the date that materials and services began to be provided. These Notices are valid for one (1) year after filing, but may be extended an additional (1) year after the filing of a Continuation Notice. If a Notice of Right to Claim Lien is required, an unexpired Notice of Right to Claim Lien or Continuation Notice is necessary before a lien may be claimed. M.C.A. Â§ 71-3-531.

By what method is a lien filed in this State?

A Lien Notice must be filed within ninety (90) days of the final furnishing of services and materials or the filing of a Notice of Completion by the property owner. If a Notice of Right to Claim a Lien is required, the Lien Notice must declare that the Notice was served on the property owner or that a Notice is not required. Montana statutes set out the form for a Lien Notice in M.C.A. Â§ 71-3-536.

How long is a lien good for?

All actions to enforce a lien must be commenced within two (2) years from the date of the filing of the lien. M.C.A. Â§ 71-3-562.

Are liens assignable?

Montana statutes do not have a provision which states that liens may be assigned to other parties.

Does this State require or provide for a notice from contractors and subcontractors to property owners?

Yes. Montana law provides for a Notice of Right to Claim a Lien. This Notice is issued by any Lien Claimant to the property owner and serves to put the property owner on Notice that a lien may be claimed against his property. Generally, it must be filed within twenty (20) days after the first material or services are furnished. A copy of the Notice must be sent to the contracting owner by certified mail or delivered personally, and filed with the county clerk within five (5) days of service. This Notice is effective for one (1) year unless extended an additional one (1) year by a Continuation Statement. M.C.A. Â§ 71-3-531.

Does this State require or provide for a notice from the property owner to the contractor, subcontractor, or laborers?

Montana statutes allow a property owner to file a Notice of Completion after (a) the written acceptance by the contracting owner, his agent, or representative of the building, improvement, or structure, or (b) the cessation from labor for 30 days upon any building, improvement, or structure, or the alteration, addition to, or repair thereof.

Any party that wishes to claim a lien must do so within ninety (90) days of the filing of this Notice. The Notice of Completion is required to be published once a week for three weeks in a local newspaper and an affidavit attesting to the publication must be attached to the Lien Notice to be filed. M.C.A. Â§ 71-3-533.

Does this State permit a person with an interest in property to deny responsibility for improvements?

No. Montana statutes do not provide for a Notice of Non-Responsibility as in some other States.

Is a notice attesting to the satisfaction of a lien provided for or required?

Yes. Montana statutes require a lien claimant whose lien has been satisfied to acknowledge the satisfaction of that lien or be held liable for any damages that result from the refusal to do so. M.C.A. Â§ 71-3-537.

By what method does the law of this State permit the release of a lien?

Montana statutes have no specific provision for the release of a lien, other than by payment in full or by expiration of the statute of limitations after two (2) years.

Does this State permit the use of a bond to release a lien?

Yes. Montana statutes allow a contracting owner to substitute a bond in the amount of one and one half times the amount of the lien claimed. Upon the acceptance of the bond by the county clerk, the lien against the real property shall be discharged and released. M.C.A. Â§ 71-3-551.