Georgia Construction, Bond & Lien Law Blog


Don’t Let your Georgia Lien Expire!

Posted in Materialmen's Lien (enforcement),Materilamen's Liens,Notice of Action by Blue Blog on the August 17th, 2012

Atlanta Georgia Construction Lien and Surety Bond Lawyers
Many subcontractors and material suppliers mistakenly think that once they have filed their Claim of Lien in Georgia, that is all they have to do.   That’s not correct.

Assuming you have a valid Georgia mechanic or materialmen’s lien, the lien is good for one year from the date the lien is filed.  In order to extend the lien beyond this expiration date, however, Georgia’s lien laws require that the Lien Claimant file a lawsuit against the party with whom they contracted before the lien expires.  In addition, the lien claimant must file (and serve) a Notice of Filing of Action for Claim on Mechanics and Materialmen’s Liens.  Fulfilling all of the statutory requirements before the statute of limitations expires is referred to as “perfecting your lien”.

Due to the complexity of complying with Georgia’s Lien Laws and the inherent difficulties of self-representation, it is very important to have an attorney prepare this suit and meet the other statutory requirements on your behalf.

We occasionally get telephone calls, however, from subcontractors or laborers who filed their own liens and call us to help them perfect their liens; unfortunately, there are situations where the costs to enforce your lien rights may not justify the legal expenses.  In those instances, Georgia offers a possible avenue for these smaller claims–Magistrate Court.

Georgia Magistrate Court is our state’s version of small claims court or the people’s court.  Although the Magistrate Court is usually more dignified than the shows on television, it really is a forum for citizens of Georgia who are owed money but aren’t owned enough money to justify the expense and the time of hiring legal counsel.  Thus, you may be able to file and prosecute an action in Magistrate Court pro se (that is, representing yourself).  Magistrate Court currently has a jurisdictional limit of $15,000 which means you can only file your lawsuit in Magistrate Court if the amount you are owed is less than $15,000; consequently, the Cobb Law Group does not do much work in Magistrate Court, but you can find out more information by clicking here:

http://www.georgiacourts.org/councils/magistrate/video.html

If you choose to pursue your claim in Magistrate Court, you are still required to file your Notice of Filing of Action for Claim on Mechanics and Materialmen’s Liens, and we strongly suggest that you hire a Georgia Construction law firm to prepare this document on your behalf as it must meet statutory requirements and will require information relating to the current owner’s of the real estate which may be difficult to locate.

If you have any experience which you wish to share regarding your experience with perfecting liens or filing a lawsuit in one of Georgia’s Magistrate Courts, please leave a comment below.

This is a general information article and should not be construed as legal advice or a legal opinion. The content above has been edited for conciseness and additional relevant points are omitted for space constraints. Readers are encouraged to seek counsel from a construction lawyer for advice on a particular circumstance.

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