West Virginia Notice of Statutory Lien of Artisan or Craftsman and Public Sale

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US-00973BG
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Description

An artisan, sometimes called a craftsman, is a skilled worker who uses tools and/or machinery in a particular craft. This form is used when there is a lien against the property, and as a lien that property is held and sometimes sold in a public sale in an effort to receive payment for materials and services rendered.

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FAQ

No person other than a person claiming a lien under [Virginia Code §43-3(B) for streets, storm or sanitary sewer, waterlines or roads] may claim a lien ... with respect to a one or two family residential dwelling unit if such person fails to notify any mechanic's lien agent identified on the building ...

The Virginia Mechanics Lien Release Form is used to cancel a lien that has already been filed. It's most often used to release a lien claim after a lien claimant receives payment. However, they may also be released based on settlements, legal controversies, because they expired, or more.

Can an unlicensed contractor file a Virginia mechanics lien? No. Anyone who is required to be licensed by the Virginia Board for Contractors for the work performed, and aren't, are not entitled to lien rights.

Virginia does not allow for the waiver of lien rights prior to performance. Virginia has no requirement that a lien waiver must be notarized. However, if your contract requires a notarized waiver in exchange payment, then the terms of contract apply.

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.

In West Virginia, contractors, subcontractors, and suppliers of labor and/or materials by virtue of a contract with the property owner, or a contractor or subcontractor under such contract on a project to build, erect, construct, alter, remove, repair or improve a building, structure or improvement are entitled to lien ...

In Virginia, a potential lien claimant must file a mechanics lien within 90 days from the last day of the last month in which he furnished labor and/or materials to the project (it must also be within 90 days from the completion or termination of the project).

Must Virginia lien waivers be notarized? No, Virginia lien laws do not require waivers to be notarized in order to be valid and enforceable.

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West Virginia Notice of Statutory Lien of Artisan or Craftsman and Public Sale