How to File a Mechanics Lien

To file a mechanics lien, you send any notices your state requires, prepare a claim that states what you are owed and on what property, sign it under oath, and record it with the right county office before your deadline. Then you serve a copy on the owner. If you are still not paid, you sue to enforce the lien before it expires.

What are the steps to file a mechanics lien?

A mechanics lien is a claim against real property that secures payment for the labor or materials that improved it. Every state has one, and the basic steps are the same everywhere. What changes from state to state is the deadlines, the notices and a few details. The examples in this guide come from Texas, California, Florida, New York and Georgia.

Check your lien rights and send the required notices

Lien rights come from statute, so first confirm the statute covers you. Contractors, subcontractors and most suppliers are covered. Some are not. In Texas, a company that only sells to a material supplier is outside the chain the statute protects, so it has no lien (Tex. Prop. Code § 53.021). Public property generally cannot be liened at all. On public work you claim against the contractor's payment bond instead.

Next, find your last furnishing date. That is the last day you performed work or delivered materials on the job. Most filing deadlines count from it, or from completion of the whole project.

Many states also make you send notices before you can file. Missing one can end your lien rights, even if you file on time.

• A preliminary notice goes out early in the job and tells the owner who you are. In California you serve it within 20 days after you first furnish work. A late notice only protects work from the 20 days before it was served onward (Cal. Civ. Code § 8204). Florida's notice to owner is due within 45 days after you start (Fla. Stat. § 713.06). In Texas, subcontractors and suppliers send a notice of claim for each unpaid month (Tex. Prop. Code § 53.056).
• A notice of intent to lien is a warning sent shortly before you file. Colorado requires one, served at least ten days before the lien statement is filed (C.R.S. § 38-22-109(3)).

The preliminary notice requirements by state guide lists who must send one where. Our guide to the notice of intent to lien covers the states that require a warning first.

Find your filing deadline

Each state sets its own filing window, and it is short.

• Florida: no later than 90 days after your final furnishing (Fla. Stat. § 713.08(5)).
• New York: within eight months after the last work or materials, or four months for a single-family dwelling (N.Y. Lien Law § 10).
• Texas: by the 15th day of the 4th month after the month you last furnished, or the 3rd month on residential projects (Tex. Prop. Code § 53.052).
• California: for subcontractors and suppliers, before the earlier of 90 days after completion of the whole project or 30 days after the owner records a notice of completion (Cal. Civ. Code § 8414).
• Georgia: within 90 days after you completed the work or furnished the materials (O.C.G.A. § 44-14-361.1).

See mechanics lien deadlines by state for all 50, or run your dates through the lien deadline calculator.

Prepare and sign the claim

The claim goes by different names: lien affidavit in Texas, claim of lien in Florida, notice of lien in New York. The contents are similar everywhere:

• Your name and address
• The owner's name
• Who hired you
• A description of the work or materials
• A description of the property, often the legal description from the deed
• The amount still owed, after credits
• In many states, your first and last furnishing dates

Some states add required wording. A Georgia claim must state, in at least 12-point bold type, that it expires 395 days after filing unless a notice of the lien action is filed (O.C.G.A. § 44-14-367).

Most states want the claim sworn. Texas requires a sworn statement of the amount (§ 53.054), and New York requires a verified notice (N.Y. Lien Law § 9). In California the claimant verifies the claim under penalty of perjury instead (Cal. Civ. Code § 8416).

Claim only what you are owed. In New York, a court that finds the amount wilfully exaggerated declares the lien void (N.Y. Lien Law § 39).

Record the claim and serve the owner

Record the claim in the county where the property sits. California claims go to the county recorder (Cal. Civ. Code § 8060), Texas affidavits to the county clerk, and Georgia claims to the clerk of superior court. Maryland is the outlier: you establish the lien by filing a petition in circuit court (Md. Code, Real Prop. § 9-105).

Then send the owner a copy. The windows are tight:

• Texas: within 5 days after filing, to the owner and, if you are not the original contractor, to the original contractor (§ 53.055).
• Georgia: within two business days, by registered or certified mail or statutory overnight delivery.
• Florida: before recording or within 15 days after (§ 713.08(4)(c)).
• New York: between 5 days before and 30 days after filing. File proof of service within 35 days, or the notice ends as a lien (N.Y. Lien Law § 11).

Enforce the lien, or release it

A lien does not last forever. If you are not paid, you must sue to foreclose it before it expires.

• California: within 90 days after recording (§ 8460).
• Texas: by the first anniversary of the last day you could have filed (§ 53.158).
• Florida: within one year after recording (§ 713.22).
• New York: within one year after filing, unless you file an extension, which is not available on a single-family dwelling (N.Y. Lien Law § 17).
• Georgia: within 365 days after filing. File a notice of the lien action with the clerk within 30 days after you start the suit.

When you are paid, release the lien. In Texas you must give a release within 10 days after a written request (§ 53.152). Our guide on how to release a mechanics lien has the rules for 20 states.

What to do next

Start with your state's page, such as Texas, California, Florida, New York or Georgia. Each one lists the notices, the deadlines and the filing office. Write down your last furnishing date today and count forward from it.

If you would rather not prepare the documents yourself, eRegister's mechanics lien service prepares and records the claim for you.