N.C. Gen. Stat. » Chapter 44
NC General Statutes

N.C. Gen. Stat. § 44-38 (2026)

Claim of lien to be filed; place of filing

✓ current as of July 2026
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All claims shall be filed in the office of the clerk of superior court in the county where the labor has been performed or the materials furnished, specifying in detail the materials furnished or the labor performed, and the time thereof. If the parties interested make a special contract for such labor performed, or if such material and labor are specified in writing, in such cases it shall be decided  agreeably to the terms of the contract, provided the terms of such contract do not affect the lien for such labor performed or materials  furnished. (1869-70, c. 206, s. 4; 1876-7, c. 53, s. 1; Code, s. 1784; Rev., s. 2026; C.S., s. 2469; 1971, c. 1185, s. 4.)

 

Notes of Decisions
Cited in 11 cases, 1951–2008 · leading case: All Points Capital Corp. v. Laurel Hill Paper Co. (In Re Laurel Hill Paper Co.), 393 B.R. 372 (Bankr. M.D.N.C. 2008).
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All Points Capital Corp. v. Laurel Hill Paper Co. (In Re Laurel Hill Paper Co.), 393 B.R. 372 (Bankr. M.D.N.C. 2008). · cites it 2× “*400 Prior to the enactment of Chapter 44A, former section 44-38 governed this issue. That section required that all claims of lien “shall be filed in detail, specifying the materials furnished or labor performed, and the time thereof.”
Mebane Lumber Co. v. Avery & Bullock Builders, Inc., 154 S.E.2d 665 (N.C. 1967). · cites it 2× “•And the claim shall specify in detail the work done, the -materials furnished, and the time thereof, provided: if a special contract for such labor performed is made by the parties, or if such materials and labor are specified in writing, it shall be decided agreeably to the…”
Equitable Life Assurance Soc'y of the United States v. Basnight, 67 S.E.2d 390 (N.C. 1951). “To perfect his lien on real property, the contractor must comply with these statutory requirements: 1. He must file a notice or claim of lien in the office of the clerk of the Superior Court of the county where the labor has been performed or the materials furnished within six…”
Lowery v. Haithcock, 79 S.E.2d 204 (N.C. 1953). · cites it 2× “Under the law, to be effective as a lien relating back to the date the work was begun, the notice of lien must be filed in the office of the clerk of the Superior Court of the county in which the land is located within six months from and after the date the work was completed.”
G. L. Wilson Bldg. Co. v. Leatherwood, 268 F. Supp. 609 (W.D.N.C. 1967). · cites it 2× “of Lis Pen-dens” in the office of the Clerk of the Superior Court of Jackson County, North Carolina, and among other things therein sets out by metes and bounds a full and complete description of the real property involved and a notice and claim of a statutory lien, alleged as…”
Barbre-Askew Fin., Inc. v. Thompson, 100 S.E.2d 381 (N.C. 1957). · cites it 2× “Ordinarily, where an asserted lien is created and exists solely by statute, it must be perfected in the manner prescribed by G.S. 44-38 et seq. But G.S. 44-2, upon which Robinson relies, “is a self-executing enactment”; hence, compliance with G.”
Rural Plumbing & Heating, Inc. v. Hope Dale Realty, Inc., 140 S.E.2d 330 (N.C. 1965). “Plaintiff properly filed in the office of the clerk of the superior court of Wake County notices of its liens for labor rendered for, and materials furnished to, Hope Dale in each of the 26 houses within six months after the completion of the work and the final furnishings of…”
Eason Ex Rel. Eason v. Dew, 94 S.E.2d 603 (N.C. 1956). “The agreed facts do not show that notice of lien was filed in the office of the clerk of the Superior Court as prescribed by G.S. 44-38 and G.S. 44-39. The stipulation was simply that “a notice of claim was filed with the defendant in December 1955.”
Neal v. Whisnant, 145 S.E.2d 379 (N.C. 1965). “The appeal presents these questions of law: (1) Did the document the plaintiff filed on September 6, 1963, comply with the statutory requirement that the lien “shall be filed in detail, specifying the materials furnished or the labor performed, and the time thereof?” G.S. 44-38.…”
McDonough Constr. Co. of Florida v. Hanner, 232 F. Supp. 887 (M.D.N.C. 1964). · cites it 2× “G.S. § 44-38. The defendants have accepted the challenge in that tribunal, and filed answer denying indebtedness and setting up a cross-action.”
Saunders v. Woodhouse, 91 S.E.2d 701 (N.C. 1956). · cites it 2× “Was the plaintiff’s lien filed as required by G.S. 44-38? The section designates “the place of filing as the office of the Clerk Superior Court in any county where the labor has been performed or the material furnished if more than $200 or the title to real estate or any…”
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