North Carolina Claim of Lien by Individual
Understanding this form
The Claim of Lien by Individual 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 relevant county no later than one hundred and twenty days after the last furnishing of labor or materials. It serves to protect the rights of individuals who have provided services or materials and ensures they can claim payment from the property owner if necessary. This form differs from other lien claim forms as it specifically applies to individual claimants in the state of North Carolina.
Key parts of this document
- Name and address of the person claiming the lien.
- Name and address of the record owner of the property.
- Description of the real property subject to the lien.
- Name and address of the contractor who requested labor or materials.
- Dates when labor or materials were first and last furnished.
- Description of the labor performed or materials supplied along with the amount claimed.
Common use cases
This form should be used by individuals who have provided labor or materials for a construction project and have not been paid. If you are seeking to secure payment for services rendered or materials supplied directly to a property, it is essential to file a Claim of Lien by Individual. This can occur in various scenarios, such as home renovations, repairs, or construction projects where the individual has had a direct contract to provide their services or materials.
Who can use this document
This form is intended for:
- Contractors who wish to assert their right to payment after providing services.
- Subcontractors who have completed work on a property but have not received payment.
- Suppliers of materials who provided goods for specific construction projects.
- Individuals involved in home improvement projects who need protection to ensure payment.
Steps to complete this form
- Identify yourself by entering your name and address as the claimant.
- Provide the name and address of the property owner as recorded.
- Describe the property accurately, including the street address and any identifying numbers.
- Enter the name and address of the contractor you worked with.
- Document the dates when you first and last provided labor or materials.
- Describe the work completed or materials supplied and state the total amount you are claiming.
Notarization requirements for this form
This document requires notarization to meet legal standards. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available 24/7.
Typical mistakes to avoid
- Failing to file within the one hundred and twenty-day limit.
- Providing inaccurate or unclear property descriptions.
- Not including all required signatures or notarization.
- Incomplete information about the contractor or project details.
Why complete this form online
- Convenient access to downloadable and customizable formats.
- Ability to complete the form at your own pace and avoid mistakes.
- Document reliability with templates drafted by licensed attorneys.
- Time-saving: download and complete from anywhere without needing to visit an office.
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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.
