Mississippi Mechanics Lien
Deadlines & Filing Rules
Every notice, deadline, and recording requirement for a Mississippi construction lien, drawn from Miss. Code Ann. §§ 85-7-405, 85-7-407, 85-7-409, 85-7-421, 85-7-423, 85-7-429 and the same rule engine that calculates deadlines for our filing customers.
Mississippi lien rules at a glance
- Preliminary notice
- Required for subcontractors, sub-subcontractors, and suppliers
- Lien filing deadline
- within 90 days after last furnishing labor or materials
- Notarization
- Required
- The lien claim must be sworn to under oath
- Where to record
- Chancery clerk for the county
- E-recording
- Varies by county
- Ask the recording office whether it accepts electronic recording before you rely on it.
- Enforcement deadline
- Within 180 days after the lien is recorded
Who can file a mechanics lien in Mississippi
Lien rights depend on where you sit in the contracting chain. Tenant-ordered improvements can support a lien in Mississippi. Owner-occupied residential projects carry extra notice requirements in Mississippi; missing them can cost the lien entirely.
| Claimant | Lien rights in Mississippi |
|---|---|
| General contractor (direct contract with the owner) | Yes |
| Subcontractor (hired by the general contractor) | Yes |
| Sub-subcontractor (hired by a subcontractor) | Yes |
| Material supplier to the owner | Yes |
| Material supplier to the general contractor | Yes |
| Material supplier to a subcontractor | Yes |
Mississippi mechanics lien deadlines
Required for subcontractors, sub-subcontractors, and suppliers. Preliminary notices go to the property owner by certified mail.
Calculate your Mississippi deadlines
Enter your role and project dates to turn the rules below into calendar dates. For other states, use the mechanics lien deadline calculator.
Choose your role to see which dates you need.
Your deadlines
| Document | Who | Deadline |
|---|---|---|
| Passed |
liens are filed through the courts by an attorney. Get matched with a lien attorney.
We can prepare and record the lien for you before the deadline. Start your lien.
These dates come from the same rules our lien filing service uses. They are not moved for weekends or holidays. Deadlines turn on facts specific to your project. Confirm with counsel before relying on them.
Preliminary notice deadline
The notice that preserves lien rights before any payment problem exists.
| Who | Project type | Deadline |
|---|---|---|
| All claimants | All projects | Within 30 days after first furnishing labor or materials |
Mechanics lien filing deadline
The last day the lien can be recorded against the property.
| Who | Project type | Deadline |
|---|---|---|
| All claimants | All projects | Within 90 days after last furnishing labor or materials |
Mississippi does not require a notice of intent before recording a lien, but sending one is often what gets the invoice paid.
Recording and enforcing a Mississippi lien
Recording the lien
Record with the chancery clerk for the county. Whether electronic recording is accepted varies by county, so confirm with the recording office and build mailing time into the deadline. The lien must be notarized. The lien claim must be sworn to under oath.
After recording
Mississippi does not require a separate notice after the lien is recorded, though most claimants send one anyway to prompt payment. To keep the lien alive it must be enforced by lawsuit within 180 days after the lien is recorded.
Wrongful lien exposure
Mississippi allows treble damages against claimants who file a wrongful lien. A person who 'falsely and knowingly' files a claim of lien without just cause owes every injured party a penalty of three times the full amount claimed, sued for within 180 days of the filing. An affected party can also move on 7 days' notice to expunge the lien.
Practitioner notes for Mississippi
Mississippi rewrote its construction lien law in 2014; the rules now sit in Miss. Code Ann. §§ 85-7-401 to 85-7-433. On projects other than single-family homes, anyone without a contract with the prime contractor, such as a second-tier subcontractor or a supplier to a subcontractor, must give the contractor written notice within 30 days after first delivering labor, services or materials, or the lien right is forfeited (§ 85-7-407). On single-family residential work, a subcontractor or supplier should give the owner a written pre-lien notice at least 10 days before filing a lien; without it, the owner's payments to the contractor are a defense (§ 85-7-409). The claim of lien is filed with the chancery clerk in the county where the property sits within 90 days after the claimant's last work or materials (§ 85-7-405). It must include a bold statement that it expires in 180 days and a notice of the owner's right to contest; leaving either out invalidates the lien. Mail a copy to the owner within 2 business days after filing. A payment action must be filed within 180 days after the lien is filed, or within 90 days after the owner files a notice of contest, whichever comes first (§§ 85-7-421, 85-7-423). Filing a lien "falsely and knowingly" without just cause exposes the filer to a penalty of three times the amount claimed, and the owner can ask a court to expunge it (§ 85-7-429).
These notes summarize the statute as we read it.
Statutory sources: Miss. Code Ann. §§ 85-7-405, 85-7-407, 85-7-409, 85-7-421, 85-7-423, 85-7-429. Read the Mississippi lien statute. Deadlines turn on facts specific to your project. Confirm with counsel before relying on them.
File your Mississippi mechanics lien
We calculate the Mississippi deadlines from your project dates, prepare the lien on the correct form, and handle recording. Self-serve from $99, or full service with recording and notices handled for you from $299.
Mississippi mechanics lien FAQ
How long do I have to file a mechanics lien in Mississippi?
Do I need to send a preliminary notice in Mississippi?
Does a Mississippi mechanics lien need to be notarized?
Where is a mechanics lien filed in Mississippi?
How long is a Mississippi mechanics lien valid?
Can a subcontractor file a mechanics lien in Mississippi?
More Mississippi lien tools
This page summarizes Mississippi lien law for general information and is not legal advice. Deadlines depend on your role, project type, and dates; confirm them against the statute or with counsel before relying on them.