Notice of Contest
(Mechanic's Lien) (GA)

Summary

This notice of contest of lien may be used to shorten the time period that a mechanic's lien claimant in Georgia has to commence a lien action to enforce its lien. This template contains practical guidance and drafting notes. In Georgia a notice of contest may be filed by the property's owner (or the owner's agent or attorney) or the contractor (or contractors agent or attorney) working on the property. A properly executed, filed and served notice of contest reduces the time for the lien claimant to file its lien action from 365 days after filing the lien to 60 days from receipt of the notice of contest. If the lien claimant does not bring the lien action within the 60 day period, the lien becomes void. The notice of contest must be in substantially the form prescribed in O.C.G.A. § 44-14-368(a) in boldface capital letters and in at least 12 point font and should be filed with the clerk of superior court where the property is located. Within seven days of filing, a copy of the Notice of Contest must be sent to the lien claimant by registered or certified mail or statutory overnight delivery pursuant to O.C.G.A. § 9-10-12(b). Service of the Notice of Contest is deemed complete upon mailing. Proof of delivery upon the lien claimant must be filed with the clerk's office. The Notice of Contest must have a three inch margin at the top of the first page to be recordable. For a full listing of key content covering mechanic's liens, see Mechanic's Lien Resource Kit. For further guidance, see Mechanic's Liens (GA) and Mechanic's Lien Resource Kit (GA).