Lien Filing... The When...

SEPTEMBER 6, 2017

The claim of lien must be filed in the county where the property is located with the clerk of superior court. In many counties, the superior court clerk has a real estate division where the lien should be sent for filing. The claim of lien must be accompanied by a filing fee which is usually $5.00 for the first page of the lien and $2.00 for each additional page. O.C.G.A 15-6-77(f)(1)(A)(ii), 47-14-51(b). Double check your filing fee with the clerk’s office (or on line) in the county in which you need to file prior to filing.

The claim of lien must have the name and address of the person to whom the filed claim of lien is to be returned (the filer), typed or stamped at the top of the first page.

At the time the claim of lien is filed, a copy of the claim of lien must be sent to the owner or contractor, as agent of the owner, by registered or certified mail. Send this letter, certified mail, return receipt requested so you will have a record (the signed return receipt) that the notice was sent. If the general contractor has filed a notice of commencement on the job, the identity of the owner will be listed on the notice of commencement which can be found on the job site permit posting board. If the general contractor has not posted a notice of commencement, the owner’s name can be found on title documents regarding the property. These documents can be found online at the Georgia Superior Courts Cooperative Authority website.