West Virginia Assignment of Lien by General Contractor

State:
Multi-State
Control #:
US-02836BG
Format:
Word; 
Rich Text
Instant download

Description

This form is an example of an assignment of a mechanic's lien. By virtue of express statutes in most states, mechanics and materialmen (persons who furnish materials for the erection of houses or other buildings), are entitled to a lien or preference in the payment of debts out of the houses and buildings so erected and to the land on which they are erected.
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FAQ

All contractors must file mechanic's liens in land records within 90 days of last supply of labor or materials (may be a little more time, see below). Enforcement. All contractors must enforce by filing a lawsuit within six months after lien filing.

Ing to the mechanics lien law, after your notices are served timely the lien must be filed in the county recorder's office in the county where the property is located. The lien may either be served by certified mail, return receipt requested, or personally served on each of the parties.

Enforcing civil judgments in WV requires following the legal process for asserting a claim, obtaining a money judgment, and then taking steps to secure payment.

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.

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.

WEST VIRGINIA The lien will continue for 10 years from the date of entry. W.Va. Code § 38-3-7. The judgment may be renewed for an additional 10 years.

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. Property owners need to be aware of the process so they can avoid financial and legal pitfalls.

Limitations on enforcement of judgments. (a) On a judgment, execution may be issued within ten years after the date thereof.

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West Virginia Assignment of Lien by General Contractor