Mississippi Mechanics Lien Statutes: Deadlines, Venues & Citations
Where Mississippi liens are filed and enforced
A Mississippi mechanics lien is filed with the Chancery Clerk of the county where the property is located in the county where the project sits — 12 months from last date of furnishing. Filing in the wrong county does not perfect the claim, which matters on projects that straddle county lines. Those are two different clocks against two different offices, and Mississippi claimants lose rights far more often by missing the second one than the first.
Mississippi deadlines by claimant role
For general contractors: Record the lien — 90 days from last furnishing (Miss. Code Ann. § 85-7-405(1)(b)). For subcontractors and suppliers: Record the lien — 90 days from last furnishing (Miss. Code Ann. § 85-7-405(1)(b)); file suit — 180 days from lien recorded (Miss. Code Ann. §§ 85-7-405(3), 85-7-421); bond notice — 90 days from last furnishing (Miss. Code Ann. § 31-5-51(3)); file suit — 1 years from last furnishing (Miss. Code Ann. § 31-5-53); miller act notice — 90 days from last furnishing (40 U.S.C. § 3133(b)(2)); file suit miller act — 1 years from last furnishing (40 U.S.C. § 3133(b)(1)). Every window runs from the claimant's own dates, not the unpaid invoice date.
Rules specific to Mississippi
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. 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. 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). REMOTE CLAIMANTS ONLY: a person with a direct contract with a subcontractor but no contract with the bonded contractor must give written notice to the contractor OR the surety within 90 days from its last labor or material, stating with substantial accuracy the amount claimed and the party furnished. First-tier claimants owe no notice but may not sue until 90 days after last furnishing (§ 31-5-51(2)). Payment bond not less than the contract amount; contracts under $25,000 may be paid in a lump sum on completion with no bonds (§ 31-5-51(1), (5)). Suit on the PAYMENT bond must be commenced within ONE YEAR after the last day the claimant performed labor or supplied material, and not later. (The performance bond runs 1 year from final payment.) Second-tier claimants only. No notice = no bond claim. File no sooner than 90 days AND no later than 1 year. Public: prime must pay sub within 30 days of receiving payment. Interest at 1%/month on late public payments.
How Mississippi notices must be served
Mississippi requires none (owner) — Sub: pre-notice. Accepted delivery for the notices tracked here: Personal delivery, or certified mail return receipt requested, to a place the contractor or surety keeps an office or does business; Certified Mail, Return Receipt Requested. Service runs to the Contractor that furnished the payment bond OR its surety (either one). Keep the proof of service in the project file — Mississippi disputes over whether a notice was properly served are decided on that documentation.
Public projects in Mississippi
No lien attaches to public property in Mississippi. On public state local and public federal work the remedy is a payment bond claim instead — bond notice within 90 days of last furnishing, served on the Contractor that furnished the payment bond OR its surety (either one) (Miss. Code Ann. § 31-5-51(3)). 5 public-project deadlines are tracked for Mississippi.
Mississippi statute citations
The Mississippi deadlines above come from Miss. Code Ann. § 85-7-405(1)(b), Miss. Code Ann. §§ 85-7-405(3), 85-7-421, Miss. Code Ann. § 31-5-51(3), Miss. Code Ann. § 31-5-53, 40 U.S.C. § 3133(b)(2), 40 U.S.C. § 3133(b)(1), Miss. Code Ann. § 31-5-25, Miss. Code Ann. § 31-5-13. Statutes are amended periodically — verify current text before relying on any date, and consult a licensed Mississippi construction attorney on a specific project.
Frequently Asked Questions
How long do you have to file a mechanics lien in Mississippi?
12 months — From last date of furnishing. The filing goes to the Chancery Clerk of the county where the property is located in the project's county. See Miss. Code Ann. § 85-7-405(1)(b). The clock runs from the claimant's own last furnishing or completion, not the invoice date.
Where do you file a mechanics lien in Mississippi?
With the Chancery Clerk of the county where the property is located in the county where the property is located. Recording in the wrong county does not perfect the lien.
Does Mississippi require a preliminary notice?
Yes — None (owner). Sub: pre-notice. Accepted service includes Personal delivery, or certified mail return receipt requested, to a place the contractor or surety keeps an office or does business.
How long do you have to enforce a Mississippi mechanics lien?
1 year — From filing. A recorded lien left unenforced past that window generally expires and can expose the claimant to slander-of-title risk if it stays on record.
When must retainage be released in Mississippi?
Retainage released within 30 days of final acceptance on public contracts. 10% maximum retainage. (Miss. Code Ann. § 31-5-13).