Mississippi Notice of Contest of Lien

State:
Mississippi
Control #:
MS-03-09
Format:
Word; 
Rich Text
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Description

A property owner may shorten the time in which to commence a payment action to enforce any claim of lien by recording this Notice in the chancery clerk?s office. This applies to a construction or mechanics lien that has been filed on the public records for his or her property.

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FAQ

If a creditor puts a lien on your property, you may make an offer to settle the amount for less than you owe. As part of the negotiations, get the creditor to agree to release the lien. If you need help in the negotiations, consider hiring a debt settlement lawyer to help you.

Be in substantial compliance with the contract or purchase order; File claim of lien within 90 days; Include in the lien a statement of amount due and due date of the claim; Notice the filing of claim of lien within 2 days to contractor and owner;

If a creditor gets a judgment against you, it can then place a lien on your property. The lien gives the creditor an interest in your property so that it can get paid for the debt you owe.And in some cases, the lien gives the creditor the right to force a sale of your property in order to get paid.

What Is a Fraudulent Lien?the claimant is owed money on another job by the same general contractor or property owner, but didn't file a lien on that project before time expired; or. the claimant wants to file a lien because of personal reasons generally related to the identity of the property owner.

If you're claiming a lien on real property, it must be filed in the recorder's office of the county where the property is located. Expect to pay a filing fee between $25 and $50 depending on the location where you file.

Who you are. The services or materials you provided. The last date you provided the services or materials. How much payment should be. The date on which you will file a lien if you do not receive payment. How the debtor should pay.

Formalize a defense for disputing the amount of the lien. Gather supporting documentation for your rebuttal, depending on the type of lien. Contact the agent representing the creditor to dispute the amount of the claim. Negotiate a payment settlement with the creditor if you cannot pay the amount you owe in full.

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.

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Mississippi Notice of Contest of Lien