Banks County Notice of Contest of Lien Form

Banks County Notice of Contest of Lien Form
Fill in the blank Notice of Contest of Lien form formatted to comply with all Georgia recording and content requirements.

Banks County Notice of Contest of Lien Guide
Line by line guide explaining every blank on the form.

Banks County Completed Example of the Notice of Contest of Lien Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional Georgia and Banks County documents included at no extra charge:
Where to Record Your Documents
Banks County Clerk of Superior Court
Homer, Georgia 30547
Hours: 8:00am-5:00pm M-F
Phone: (706) 677-6240
Recording Tips for Banks County:
- Ensure all signatures are in blue or black ink
- Documents must be on 8.5 x 11 inch white paper
- Make copies of your documents before recording - keep originals safe
Cities and Jurisdictions in Banks County
Properties in any of these areas use Banks County forms:
- Baldwin
- Commerce
- Homer
- Maysville
Hours, fees, requirements, and more for Banks County
How do I get my forms?
Forms are available for immediate download after payment. The Banks County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Banks County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Banks County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Banks County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Banks County?
Recording fees in Banks County vary. Contact the recorder's office at (706) 677-6240 for current fees.
Questions answered? Let's get started!
How to Contest a Recorded Claim of Lien in Georgia
In the State of Georgia, an action to enforce a recorded claim of lien must be commenced within 365 days of recording the lien claim. O.C.G.A. 44-14-361.1(a)(3). In addition, within 30 days after commencing such lien action, the party claiming the lien must file a notice of the action with the clerk of the superior court of the county where the subject lien was filed. Id.
Many states, including Georgia, provide the property owner with a method to protect his or her property by allowing the owner to file a notice shortening the time for filing an enforcement action. In Georgia, that procedure is called a "Notice of Contest of Lien." O.C.G.A. 44-14-368.
Under this process, an owner or an owner's agent or attorney, or the contractor or contractor's agent or attorney, may elect to shorten the time set in which to commence a lien action to enforce any claim of lien by recording in the superior court clerk's office a notice of contest, along with proof of delivery upon the lien claimant. O.C.G.A. 44-14-368(a). The notice should contain the lien claimant's name and address, the date the lien claim was filed, the recorded lien book and page number, the name of the county where the claim of lien was filed, and the property owner's name. Id.
The Notice must also be served on the claimant by sending a copy of the Notice of Contest of Lien within seven days of its filing by registered or certified mail or statutory overnight delivery to the lien claimant at the address noted on the face of the lien. O.C.G.A. 44-14-368(b). Service is deemed complete upon mailing. Id.
The lien will be extinguished by law 90 days after filing the notice of contest of lien if no notice of commencement of lien action is filed within that time period. O.C.G.A. 44-14-368(c). No additional release or voiding of such liens is required. Id.
This article is provided for informational purposes only and should not be relied upon as the substitute for the advice of an attorney. Please contact an attorney with questions about filing a Notice of Contest of Lien, or any other issues related to liens in Georgia.
Important: Your property must be located in Banks County to use these forms. Documents should be recorded at the office below.
This Notice of Contest of Lien meets all recording requirements specific to Banks County.
Our Promise
The documents you receive here will meet, or exceed, the Banks County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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