How to File a Mechanics Lien in Mississippi
Step 1 — Confirm you have lien rights in Mississippi
Mississippi's recorded rules cover general contractors, subcontractors and suppliers (Miss. Code Ann. § 85-7-405(1)(b)). Each of those roles has its own filing window — see Step 3. Mississippi rule detail: Under the 2014 construction lien act (§ 85-7-401 et seq.), the claim of lien is filed with the chancery clerk within 90 DAYS after the claimant last performed work or furnished labor, services or materials, and a copy goes to the owner within 2 business days.
Step 2 — Mississippi requires no preliminary notice
Mississippi does not condition lien rights on an early notice. That removes the most common way claims are lost, but it also means the Step 3 filing date is your only checkpoint. Mississippi rule detail: Claim of lien filed with the chancery clerk within 90 DAYS after last work or furnishing (§ 85-7-405(1)(b)). Sub-tier claimants on single-family residential work also owe the § 85-7-407 pre-lien notice.
Step 3 — Your Mississippi filing deadline
Mississippi sets the window by claimant role: • General contractors: within 90 days of your last day of work or materials. • Subcontractors and suppliers: within 90 days of your last day of work or materials. The clock runs from last date of furnishing — not your invoice date. Punch-list and warranty callbacks generally do not restart it. Mississippi rule detail: A payment action must be commenced within 180 DAYS after the claim of lien is filed or the lien expires; if the owner files a notice of contest, suit is due within 90 days of that filing (§ 85-7-423).
Step 4 — Prepare and record the lien in Mississippi
Record in the county where the property sits, under Miss. Code Ann. § 31-5-25. The document must identify the property, the owner of record, the amount actually owed, and what you furnished. Overstating the amount can void the claim outright. Mississippi rule detail: Public: prime must pay sub within 30 days of receiving payment. Interest at 1%/month on late public payments.
Step 5 — Serve the recorded Mississippi lien
Mississippi requires service on Chancery Clerk of the county where the property is located. Use certified mail and keep the receipt. In many states an unserved lien is unenforceable even though it appears on title. Mississippi rule detail: Retainage released within 30 days of final acceptance on public contracts. 10% maximum retainage.
Step 6 — Enforce before the Mississippi deadline expires
You must sue to foreclose within 1 year (filing) (Miss. Code Ann. § 31-5-13). Miss it and the lien expires and title clears, leaving only a contract claim.
Retainage rules that affect your Mississippi claim
Mississippi treats retainage on its own schedule (Miss. Code Ann. § 31-5-13), so money still held back may have a different due date than your progress billings.
Frequently Asked Questions
How long do I have to file a mechanics lien in Mississippi?
Mississippi requires the lien to be recorded within 12 months, measured from last date of furnishing. The exact window depends on your role — general contractors: within 90 days of your last day of work or materials.
Do I need to send a preliminary notice before filing in Mississippi?
No. Mississippi does not require a preliminary notice as a precondition to filing, which is unusual. Your filing deadline is therefore the only checkpoint protecting your lien rights.
Where do I file a mechanics lien in Mississippi?
File with the county recorder's office in the county where the property is located. Filing in the wrong county does not preserve your deadline, and re-filing in the correct county after the deadline will not save the claim.
What happens if I miss the Mississippi filing deadline?
Your lien rights are extinguished. Mississippi courts do not grant extensions for missed mechanics lien deadlines. You would be left with a breach-of-contract claim against whoever hired you, which carries no security interest in the property and is far harder to collect.
How long does a mechanics lien last in Mississippi?
Once recorded, you must file suit to enforce within 1 year (filing). If you do not, the lien expires automatically and no longer clouds the property's title.