Pennsylvania Affidavit of Service of Notice of Filing Lien Claim is a legal document used to record the service of notice of filing a lien against a property in Pennsylvania. This document is typically used when a lien claimant has given notice to a property owner or other interested parties of their intent to file a lien. The Affidavit of Service of Notice of Filing Lien Claim must be signed and properly notarized in order to be considered valid. There are two types of Pennsylvania Affidavit of Service of Notice of Filing Lien Claim: voluntary lien and involuntary lien. A voluntary lien is one that is voluntarily created by the lien claimant, while an involuntary lien is one that is created by a court order.
Pennsylvania Affidavit of Service of Notice of Filing Lien Claim
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Description
An Affidavit is a sworn, written statement of facts, signed by the 'affiant' (the person making the statement) before a notary public or other official witness. The affiant swears to the truth and accuracy of the statement contained in the affidavit. This Notice is for filing lien claim to an individual owner personally or to an adult family member of the owner or his agent of the owner.
Definition and meaning
The Pennsylvania Affidavit of Service of Notice of Filing Lien Claim is a legal document used to formally notify interested parties of the filing of a lien claim against their property. This affidavit serves as proof that the owner or an authorized agent has received this notification, thereby ensuring that all necessary parties are aware of the legal claim affecting the property.
How to complete a form
To fill out the Pennsylvania Affidavit of Service of Notice of Filing Lien Claim, follow these steps:
- Provide the date and location of service at the top of the form.
- Insert the name of the person serving the notice in the designated area.
- Fill in the name of the property owner or authorized agent who received the notice.
- Specify the method of service (e.g., personal delivery, service to a family member).
- Indicate the specific date and time the notice was served.
Finally, ensure that the form is signed in the presence of a notary public to validate the affidavit.
Who should use this form
This affidavit is essential for individuals or entities that have filed a lien against a property in Pennsylvania. It is typically used by contractors, suppliers, or service providers who seek to enforce their rights under lien laws. Anyone involved in the property claim process must utilize this form to fulfill legal notice requirements and protect their interests.
Key components of the form
The Pennsylvania Affidavit of Service of Notice of Filing Lien Claim contains several critical components:
- Affiant Information: The person who serves the notice must provide their name and details.
- Owner Information: The name of the property owner or their authorized representative.
- Date of Service: The specific date when the notice was delivered.
- Method of Service: A clear indication of how the notice was served.
- Notary Public Section: Space for a notary to affirm the affidavit's authenticity.
What to expect during notarization or witnessing
When notarizing the Pennsylvania Affidavit of Service of Notice of Filing Lien Claim, be prepared for the following:
- The notary public will verify your identity and ensure you are signing the document voluntarily.
- You may need to present valid identification, such as a driver's license or passport.
- The notary will then sign and stamp the affidavit, lending it legal weight and authenticity.
It’s essential to complete this step to ensure the affidavit is considered valid in any legal proceedings.
Common mistakes to avoid when using this form
When completing the Pennsylvania Affidavit of Service of Notice of Filing Lien Claim, be cautious of the following common errors:
- Failing to provide accurate names or information about the property owner.
- Not specifying the method of service clearly.
- Omitting the date and time when the notice was served.
- Neglecting to have the affidavit notarized, which could invalidate the document.
How to fill out Pennsylvania Affidavit Of Service Of Notice Of Filing Lien Claim?
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FAQ
OBTAINING A JUDGMENT ON THE MECHANICS' LIEN A claimant has two (2) years from the filing of the claim to bring a civil action to obtain a judgment on the claim.
Generally, Pennsylvania prohibits lien waivers in the contract or in advance of payment. However, there are exceptions for residential projects.
The Notice of Intent to Lien is considered served in Pennsylvania when it is actually received by the property owner. Which means that if there is a payment problem on the project, a claimant should be prepared to send this notice well before 5 months after last furnishing.
The deadline to file a Pennsylvania mechanics lien claim is 6 months from the claimant's last date of furnishing labor and/or materials to the project. This is a hard deadline, and is strictly enforced.
Section 1401 - Waiver of lien by claimant (a) Residential Property. A contractor or subcontractor may waive his right to file a claim against residential property by a written instrument signed by him or by any conduct which operates equitably to estop such contractor from filing a claim. (b) Nonresidential Buildings.
The Notice of Intent to Lien is considered served in Pennsylvania when it is actually received by the property owner. Which means that if there is a payment problem on the project, a claimant should be prepared to send this notice well before 5 months after last furnishing.
The deadline to file a Pennsylvania mechanics lien claim is 6 months from the claimant's last date of furnishing labor and/or materials to the project. This is a hard deadline, and is strictly enforced.
Unpaid contractors and suppliers can file a PA mechanics lien by following these steps: Fill out the Pennsylvania mechanics lien form. Fill out the PA lien form completely and accurately.File your lien claim with the county recorder.Serve a copy of the lien to the property owner.
