Lien Language Part 2

July 27, 2017

The contents of the lien is controlled by Georgia Law. O.C.G.A. § 44-14-361.1(a)(2) This code section sets forth a statutory model for the language required to be included in the lien. A checklist of information that must be included in the lien is as follows:

The lien must include the following information:

  1. the name of the person or company claiming the lien;
  2. the amount that is being claimed;
  3. the date the claim first became due (date of last delivery of service, labor or materials);
  4. project name to which service, labor or materials was supplied;
  5. name of the owner of the property;
  6. a description of the property to which the service, labor or materials were supplied; and
  7. the purpose for which the service, labor or materials were supplied.

 

See O.C.G.A. § 44-14-361.1(a)(2).


Notice to the lien to the owner or contractor: No later than two business days after the date the claim of lien is filed, a true and accurate copy of the claim of lien must be sent by registered or certified mail or statutory overnight delivery to the property owner or, if the owner’s address can’t be found, to the contractor. O.C.G.A. § 44-14-361.1(a)(2). To be safe, send the notice (by certified mail, registered mail or statutory overnight delivery) the same day you file the lien. Use a delivery method (certified mail return receipt requested or federal express or UPS) where you can obtain a receipt evidencing delivery of the notice to the owner or contractor.

Substantial compliance with lien language statutes are required. It is recommended that a lawyer be consulted regarding preparation and filing of the lien.