Section 14. Mortgages, Conveyances to Secure Debt, and Liens, 44-14-1 through 44-14-613.
ARTICLE 8
LIENS
44-14-361.3. Preliminary notice of lien; form; notice to contractor; filing; necessity of preliminary notice.
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Prior to filing a claim of lien, a person having a lien under paragraphs (1) through (8) of subsection (a) of Code Section 44-14-361 may at such person's option file a preliminary notice of lien rights. The preliminary notice of lien rights in order to be effective shall:
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Be filed with the clerk of superior court of the county in which the real estate is located within 30 days after the date a party delivered any materials or provided any labor or services for which a lien may be claimed;
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State the name, address, and telephone number of the potential lien claimant;
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State the name and address of the contractor or other person at whose instance the labor, services, or materials were furnished;
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State the name of the owner of the real estate and include a description sufficient to identify the real estate against which the lien is or may be claimed; and
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Include a general description of the labor, services, or materials furnished or to be furnished.
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A party filing a preliminary notice of lien rights except a contractor shall, within seven days of filing the notice, send by registered or certified mail or statutory overnight delivery a copy of the notice to the contractor on the property named in the notice or to the owner of the property. The lien claimant may rely on the building permit issued on the property for the name of the contractor.
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The clerk of each superior court shall maintain within the records of that office a record separate from all other real estate records in which preliminary notices specified in subsection (a) of this Code section and affidavits specified in subsection (c) of Code Section 44-14-361.4 shall be filed. Each such notice and affidavit shall be indexed under the name of the owner as contained in the preliminary notice. The clerk shall collect a filing fee of $5.00 for the filing of each preliminary notice.
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A person having a lien under paragraphs (1) through (8) of subsection (a) of Code Section 44-14-361 may enforce the lien without filing a preliminary notice of lien.
(Code 1981, §44-14-361.3, enacted by Ga. L. 1983, p. 1450, § 1; Ga. L. 1985, p. 1322, § 4; Ga. L. 2000, p. 1589, § 3.)
The 2000 amendment,
effective July 1, 2000, substituted "certified mail or statutory overnight delivery" for "certified mail" in the first sentence of subsection (b).
Editor's notes.
- Ga. L. 2000, p. 1589,
§
16, not codified by the General Assembly, provides that this Act is applicable with respect to notices delivered on or after July 1, 2000.
JUDICIAL DECISIONS
Filing a preliminary notice of lien is optional,
and it is not a prerequisite for filing a claim of lien in Georgia. Wachovia Bank v. American Bldg. Consultants, Inc., 138 Bankr. 1015 (Bankr. N.D. Ga. 1992).
