Statutory forms, Miss. Code Ann. §§ 85-7-419, 85-7-433

Mississippi
Lien Waiver Forms

Mississippi Lien Waiver Forms: the Interim and Final Statutory Waivers Under Miss. Code § 85-7-433

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Conditional Progress payment Unconditional Progress payment Conditional Final payment Unconditional Final payment Not sure — help me choose Two quick questions pick the right form.

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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.

What to know about Mississippi lien waivers

The 60-day time bomb: once executed, a Mississippi waiver is conclusively deemed PAID IN FULL sixty (60) days after the date it is executed, even if payment never arrives (Miss. Code Ann. § 85-7-419(5)(b)). An unpaid claimant must file an Affidavit of Nonpayment (§ 85-7-433(3)) in the county where the property is located before the 60-day period expires, and send the owner a copy within two (2) days of filing.
The form's NOTICE says an "affidavit of nonpayment or a claim of lien" preserves your rights, but the operative statute (§ 85-7-419(5)) lists only the Affidavit of Nonpayment: file the affidavit as the safe route.
Mississippi prescribes only two waiver forms: interim and final. There is no separate unconditional form: every waiver operates conditionally (binding subject only to payment in full) and becomes unconditional automatically 60 days after execution.

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.

Conditional Progress

Interim Waiver and Release Upon Payment

Signed when a progress payment is promised: the waiver only takes effect once that payment actually arrives.

Conditional Final

Waiver and Release Upon Final Payment

Signed when the final payment is promised: waives all remaining lien rights, but only once the payment clears.

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The statutory text with every blank left empty, as a PDF to fill in by hand. Free, no account needed.

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.

Mississippi lien waiver questions

Which lien waiver forms does Mississippi use?

Mississippi prescribes two statutory lien waiver forms in Miss. Code Ann. §§ 85-7-419, 85-7-433. They are the Interim Waiver and Release Upon Payment and the Waiver and Release Upon Final Payment.

Do Mississippi lien waivers need to be notarized?

Yes. Mississippi lien waivers must be signed before a notary. 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.

What is the difference between a conditional and an unconditional lien waiver in Mississippi?

Mississippi has no unconditional waiver form. The statutory Interim Waiver and Release Upon Payment (§ 85-7-433(1)) is binding subject only to payment in full and becomes conclusively effective 60 days after execution by operation of law.

What is the difference between a progress and a final lien waiver in Mississippi?

A progress waiver covers a single progress payment and waives lien rights only for work through a stated date, leaving rights for later work intact. A final waiver goes with the last payment and waives all remaining lien rights on the project. In Mississippi, progress payments use the Interim Waiver and Release Upon Payment and final payments use the Waiver and Release Upon Final Payment.

Is a lien waiver signed in advance enforceable in Mississippi?

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Bordering states

Every state's waiver rules are different. Check before you sign.