Mississippi
Lien Waiver Forms
Mississippi Lien Waiver Forms: the Interim and Final Statutory Waivers Under Miss. Code § 85-7-433
State Rules
How Mississippi treats lien waivers
Mississippi prescribes just two lien waiver forms, an Interim Waiver and Release Upon Payment and a Waiver and Release Upon Final Payment (Miss. Code Ann. § 85-7-433), and any waiver given in exchange for payment must substantially follow them, carry the statutory 60-day NOTICE on its face, and be sworn before a notary public. Every Mississippi waiver releases both lien rights and labor/material bond rights and is conditional on payment, but the amount is conclusively deemed paid sixty days after execution unless the claimant first files an Affidavit of Nonpayment in the county where the property sits. Advance waivers (signed before the labor or materials are furnished) are null, void, and unenforceable.
Mississippi lien waiver forms we generate
Mississippi prescribes the waiver language by statute; we generate the exact text of Miss. Code Ann. §§ 85-7-419, 85-7-433, filled in with your project details.
Interim Waiver and Release Upon Payment
Signed when a progress payment is promised: the waiver only takes effect once that payment actually arrives.
Waiver and Release Upon Final Payment
Signed when the final payment is promised: waives all remaining lien rights, but only once the payment clears.
Signing a lien waiver in Mississippi
Execution rules (the form's wording, notarization, witnesses, and whether an electronic signature works) are set by state law. Here's what applies in Mississippi, built into every waiver we generate.
Advance waivers
Miss. Code Ann. § 85-7-419(1): a right to claim a lien or to claim upon a bond may not be waived in advance of the furnishing of labor, services, or materials; any purported waiver or release executed or made in advance is null, void, and unenforceable.
Mississippi execution rules
- ⚖ Statutory form: the waiver must substantially follow the form in Miss. Code Ann. §§ 85-7-419, 85-7-433; we generate the statutory text as written.
- ! Notarization: required. Mississippi waivers must be signed before a notary, so we generate a print-ready PDF with the notary block included.
- ✓ Witness: not required in Mississippi.
- ! E-signature: Mississippi statutory waivers end in a notary jurat ("SWORN TO AND SUBSCRIBED BEFORE ME ... NOTARY PUBLIC"): the claimant must swear to the form before a notary public, so we generate a print-and-sign PDF for wet execution instead of offering e-signature.
- ! 60-day deemed-effective rule: a signed Mississippi waiver conclusively becomes effective 60 days after execution even if payment never arrives, unless you first file an Affidavit of Nonpayment in the county where the property is located, which preserves your rights until payment is actually received. Calendar that deadline on every waiver you sign.
Create a free Mississippi lien waiver
The correct Mississippi form, filled in and ready to download in about two minutes. Free to generate and download. Upgrade only when you want e-signature and automatic reminders.
Working in another state?
Every state's waiver rules are different. Check before you sign.