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Arkansas Notice of Intent to File

Arkansas Notice of Intent to File Information

The Arkansas 10 days' notice of intent to file lien under Ark Code Sec. 18-44-114 is a preliminary notice required from a potential claimant before filing a claim of lien against a property. A claim of lien is unenforceable if the claimant fails to abide notice requirements as directed by law.

The notice, delivered to the owner, states the balance owed on an underlying contract. If the balance is not paid within ten days' receipt of the notice, the claimant has a claim on the property and may proceed to file a claim of lien against the title.

Arkansas law stipulates what constitutes "delivery." Notice may be served by an officer authorized to serve process in a civil action; a person who would be a competent witness; by mail addressed to the person to be served, with restricted delivery and return receipt requested; or by any means that provides written, third-party verification of delivery to anywhere the owner maintains residence or an office or conducts business (18-44-114). When served by persons other than an officer, an affidavit of service of notice is also required. When served by mail, the verification of service is a return receipt signed by the addressee or a returned piece of mail or affidavit by postal worker showing refusal of notice by the addressee or that the notice was unclaimed.

In cases where the owner resides in a county other than the one in which the property under contract is located, the notice gets recorded in the circuit clerk's office. Otherwise, the notice is a standalone document, and is not required to be notarized or recorded. Proof of service of notice, along with a copy of the notice, however, is required when filing a claim of lien, so the document is attached as an exhibit to a claim of lien filing.

An effective notice should also contain a description of the property that will become subject to the lien, a description of the labor, services, materials, or equipment furnished by the claimant, and identify the claimant by name, along with any individual acting on behalf of the claimant signing the notice.

Consult an attorney questions about notice requirements, or for any other issues related to the lien law process in Arkansas.

Deeds.com Arkansas Notice of Intent to File Forms Have Been Updated as Recently as Friday August 5, 2022

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