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Claim of Lien Sect.44-14-361.1 - Corporation or LLC - Georgia

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The document is a Claim of Lien form for a corporation in Georgia, allowing a lien claimant (such as a contractor or subcontractor) to assert a claim for payment due for labor, services, or materials provided on a property. It includes details such as the amount owed, interest rate, property description, and record owner information. The claim must be filed within 90 days of work completion and expires after 395 days if no action is taken. It also outlines notification requirements to the property owner and provides an exhibit for the legal description of the property.

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How do I file a lien against an LLC?

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.

What is a claim lien?

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.

What is the lien process in Georgia?

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.

How long does a lien last in Georgia?

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.

What is a claim of lien in Georgia?

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.

How long does a lien stay on your property in Georgia?

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.

Can someone put a lien on your property without you knowing?

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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