Mechanic's Lien Guide
Mississippi Mechanic's Lien Guide
Lien deadlines, notice requirements, and filing procedures for contractors, subcontractors, and suppliers in Mississippi.
Mississippi Lien Deadlines
Preliminary Notice
Not requiredNo preliminary notice is required. A subcontractor or materialman must, however, have direct privity of contract with the general contractor for its lien to attach (Miss. Code Ann. § 85-7-403). An optional Affidavit of Non-Payment may be filed but is not a prerequisite to the lien.
Notice of Intent to Lien
Not requiredMississippi does not require a Notice of Intent to Lien.
Claim of Lien
90 daysA claim of lien must be filed with the clerk of the chancery court of the county where the property is located within 90 days after the claimant's last work performed or labor, services, or materials provided (Miss. Code Ann. § 85-7-405). The claim of lien must include the required expiration statement and notice to the owner of the right to contest the lien, or it is invalid. Within two (2) business days of filing, a copy must be sent to the owner by registered or certified mail or statutory overnight delivery. Note: Where the owner has made payments in reliance on lien waivers or the contractor's sworn statement under § 85-7-413, the aggregate amount of liens of subcontractors and materialmen not in privity with the owner may be limited.
Enforcement (Payment Action)
180 daysA payment action must be commenced within 180 days from the date the claim of lien was filed, or the claim of lien expires and is void (Miss. Code Ann. §§ 85-7-405, 85-7-421).
Calculate your Mississippi Mechanics Lien Deadline
Your project
DISCLAIMER: These deadlines are pulled from recent lien laws, but you should consult a lien expert or lawyer to understand the deadlines specific to your situation.
Mississippi deadlines
Showing deadlines for a Subcontractor. Deadlines can vary by role.
Enter your project dates on the left to calculate exact deadline dates.
Notice of Intent to Lien
Single-family residential only: pre-lien written notice at least 10 days prior to filing the lien
Enter project dates to calculate
Mechanics Lien Filing
90 days from last furnishing
Enter project dates to calculate
Enforcement (foreclosure)
180 days after lien recording
Calculated once you record the lien
Mississippi Lien Guide
Preliminary Notice & Notice of Intent
Preliminary Notice: Not required Notice of Intent to Lien: Not required Mississippi's 2014 lien-law overhaul (Miss. Code Ann. § 85-7-401 et seq.) created a "special lien" (construction lien) and did not impose a mandatory pre-lien notice. It did add an optional Affidavit of Non-Payment that a claimant may file to give constructive notice of a pending claim; filing it is not a prerequisite to the lien and does not affect an owner's defenses under § 85-7-413.
Who Can File a Mechanic's Lien
Contractors, subcontractors, and materialmen furnishing material for the improvement of real estate, as well as registered architects, professional engineers, and registered land surveyors furnishing services with respect to real estate, are entitled to a special (construction) lien in Mississippi. Subcontractors and materialmen must have direct privity of contract with the owner, a contractor, or a subcontractor in direct privity with a contractor.
Who Gets the Notice
Within two business days of filing the claim of lien, a copy must be sent to the owner of the property by registered or certified mail or statutory overnight delivery.
Information Required
Information needed to file a claim of lien in Mississippi includes: - The claimant's name and type (contractor, subcontractor, materialman, etc.) - The amount claimed to be due - The name of the owner and description of the property - The date the claim became due - The required expiration statement (the lien is void 180 days from filing if no payment action is filed) - The required notice to the owner of the right to contest the lien
Mississippi Public Works
In Mississippi, a mechanic's or construction lien is not available against public property. Subcontractors and suppliers on public works projects must instead pursue a claim against the prime contractor's payment bond, which is required under Mississippi's public-works bond statutes. As a best practice, serve notice of the bond claim on the prime contractor and surety around 90 days from last furnishing labor or materials, and file suit to enforce the bond claim within approximately one year. Because bond-claim and limitation deadlines vary by project, verify the specific requirements for your project before relying on these timeframes.
Mississippi Lien Statutes
Official Resources
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