North Carolina Claim of Lien by Individual
About this form
The Claim of Lien by Individual form is a legal document used to assert a lien against real property. This form must be filed in the office of the clerk of the superior court in the county where the property is located. It is essential for individuals who have supplied labor or materials and have not been compensated within a specified timeframe. The requirement to file this form distinguishes it from other legal claims, ensuring that the claimant's rights to the property are formally recognized.
Main sections of this form
- Claimant's name and address
- Record ownerâs name and address
- Description of the real property
- Name and address of the contractor
- Dates of labor or materials furnished
- Description of work done and total amount claimed
When this form is needed
This form should be used when an individual or entity wants to assert a lien on a property after providing labor or materials and has not received payment. It is crucial to file the Claim of Lien within one hundred twenty days after the last provision of services or materials to ensure that the claim is valid and enforceable.
Who needs this form
- Contractors and subcontractors providing labor
- Material suppliers who have not been paid
- Individuals who have performed work on a property
Completing this form step by step
- Identify and enter your name and address as the claimant.
- Provide the name and address of the property owner.
- Describe the property's location and details clearly.
- List the name and address of the contractor you worked with.
- Fill in the dates when the labor or materials were first and last provided.
- Detail the work performed or materials supplied and the total amount owed.
Notarization guidance
To make this form legally binding, it must be notarized. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes to avoid
- Failing to file the form within one hundred twenty days.
- Inaccurately describing the property or claimantâs information.
- Leaving out important dates or payment details.
- Not notarizing the form if required by local law.
Why complete this form online
- Convenience of filing from anywhere at any time.
- Edit and customize the form as needed before printing.
- Access reliable templates drafted by licensed attorneys.
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FAQ
A judgment lien in North Carolina will remain attached to the debtor's property (even if the property changes hands) for ten years.
Fill out a mechanics lien form that meets NC requirements. North Carolina law sets specific guidelines claimants must meet in order to file a lien. File the lien with the county recorder's office. Serve a copy of the lien on the property owner.
Subject to some exceptions, a lien for materials, services, or wages may be registered any time up to 45 days from the day the last materials, services, or wages were provided, or since the contract was abandoned. After those 45 days elapse, the lien expires.
In North Carolina, a mechanics lien must be filed after the debt becomes due, but within 120 days from the date of last furnishing labor or materials to the project.
A judgment lien continues for a period of 20 years from the date of the filing of the writ of execution, and the lien may be renewed once for a period of 20 years.
In North Carolina, a judgment is valid for ten years from the date it was awarded by the Court. The judgment can be renewed for another ten years, giving a judgment creditor additional time to try to collect the money owed.
A: The filing fee for an Appointment of Lien Agent is $30 for a 1-2 Family Dwelling and $58 for any Other property type.
The simplest way to prevent liens and ensure that subcontractors and suppliers are paid is to pay with joint checks. This is when both parties endorse the check. Compare the contractor's materials or labor bill to the schedule of payments in your contract and the Preliminary Notices.