Mississippi Mechanics Lien Statutes: Deadlines, Venues & Citations
Where Mississippi liens are filed and enforced
A Mississippi mechanics lien is filed with the Circuit Court Clerk / Chancery Court 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 — 12 months from last furnishing (Miss. Code Ann. § 85-7-131). For subcontractors and suppliers: Record the lien — 12 months from last furnishing (Miss. Code Ann. § 85-7-131); file suit — 1 years from lien recorded (Miss. Code Ann. § 85-7-141); bond notice — 90 days from last furnishing (Miss. Code Ann. § 31-5-51); file suit — 1 years from last furnishing (Miss. Code Ann. § 31-5-51); 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
File claim of lien within 12 months of last furnishing of labor or materials. No preliminary notice required. File claim of lien within 12 months of last furnishing. File suit to enforce lien within 1 year of recording. Written notice within 90 days of last furnishing on public works projects. No mechanic's lien on public property. File suit on payment bond within 1 year of last furnishing. 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: Certified Mail, Return Receipt Requested. Service runs to the Prime Contractor and Surety. 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 Prime Contractor and Surety (Miss. Code Ann. § 31-5-51). 5 public-project deadlines are tracked for Mississippi.
Mississippi statute citations
The Mississippi deadlines above come from Miss. Code Ann. § 85-7-131, Miss. Code Ann. § 85-7-141, Miss. Code Ann. § 31-5-51, 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 Circuit Court Clerk / Chancery Court in the project's county. See Miss. Code Ann. § 85-7-131. 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 Circuit Court Clerk / Chancery Court 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 Certified Mail, Return Receipt Requested.
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).