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Is a written contract required to file a mechanics lien in Georgia? No, there is no specific requirement that construction contracts be in writing in order to be able to file a Georgia mechanics lien. However, its always best practice to get your agreements in writing to avoid any confusion or complications.
A lien is a claim or legal right to a debtors property or other assets, typically assets that were used as collateral to back a loan. It serves to guarantee that the underlying obligation will be satisfied. If not, the creditor can seize and sell the assets in question.
Step 1: Record a Claim of Lien (COL) within 90 days from the date of last work or delivery of materials and send a copy to the general contractor and owner. Step 2: File a lawsuit and Notice of Lawsuit within 365 days from the date of the filing for record of the claim of lien.
In Georgia, a mechanics lien automatically expires one year from filing, unless the claimant takes an action to enforce it. If the claimant has been paid, or the claim has expired, the state doesnt require the claimant to file a lien release, but releasing a lien is good practice whether its required or not.
From a legal standpoint, you can be held responsible for ensuring that anyone contributing labor or materials to improve your property gets paid. In Georgia this claim of lien is called a materialmans or mechanics lien. In the event that a lien is filed, there are many potential defenses available to you.
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You need legal backing to place a lien on a business (or enforce it). That means you have to go to civil court and provide evidence that the business both owes you money (or other assets) and hasnt paid you back in full yet. The business will get a chance to dispute your case, and then the court will render a verdict.
In most cases, a creditor, contractor, or government agency is required to notify a property owner before and when they file a lien on the property. However, it is possible that they unknowingly send the notice to an outdated mailing address, or the filing is somehow overlooked.

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