West Virginia Pre-Lien Notice to Owner of Intention to Claim Mechanic's Lien for Services Provided

State:
Multi-State
Control #:
US-00960BG
Format:
Word; 
Rich Text
Instant download

Description

A mechanic's lien is a claim created by statute to secure priority of payment for labor performed or materials furnished in the making of improvements on real property. A mechanic's lien covers the land as well as improvements on the land. Mechanics' liens are purely statutory in origin, and a mechanic's lien may not exist unless it is expressly created by the terms of a statute.


Statutes frequently require the lienholder to give notice of a claim of lien. Local statutes must be consulted to determine applicable requirements with respect to particular types of lien notices.

How to fill out Pre-Lien Notice To Owner Of Intention To Claim Mechanic's Lien For Services Provided?

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FAQ

Contractors, subcontractors, laborers, and material suppliers can file what is called a "mechanics lien" on a homeowner's property if they don't get paid.

A mechanics lien is a "hold" against your property, filed by an unpaid contractor, subcontractor, laborer, or material supplier, and is recorded with the county recorder's office. If unpaid, it allows a foreclosure action, forcing the sale of the property in lieu of compensation.

A judgment lien is created automatically on debtor property that's located in the West Virginia county where the judgment is entered. For property in other West Virginia counties, the creditor records an abstract of judgment with the clerk of the court in the county where the property is located.

If the contractor - or the subcontractors, workers or suppliers - who provide goods or services to improve your property aren't paid, they can file what is called a mechanic's lien on your property.

Purpose: To establish rights to mechanics' lien, stop notice, or payment bond for both public and private works. Filed By: Subcontractors, supplier, other with no direct contact with private owner or lender, or with public agency. Prime does NOT file. When: No later than 20 days after first supplying goods or services.

A subcontractor or material supplier has 20 days after beginning work or delivering materials to serve you a Preliminary Notice. If the notice is late, the claimant loses lien rights for work done or materials delivered more than 20 days before the notice.

Mechanics liens in West Virginia need to be filed and recorded in the county clerk's office in the county where the property is located. Each clerk's office will have its own filing fees and other specific requirements.

If the contractor?or subcontractors, workers or suppliers?who provide goods or services to improve your property aren't paid, they can file what is called a mechanics lien on your property.

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West Virginia Pre-Lien Notice to Owner of Intention to Claim Mechanic's Lien for Services Provided