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Notice of Contest of Lien Form - Brooks County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 8/23/2019
Notice of Contest of Lien Guide - Brooks County
ine by line guide explaining every blank on the form.
Included document last updated 7/18/2019
Completed Example of the Notice of Contest of Lien Document - Brooks County
Example of a properly completed form for reference.
Included document last updated 7/22/2019
*The Following Georgia and Brooks County supplemental forms are included as a courtesy with your order.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by Georgia notaries and officials.
Homestead Exemptions
To be granted a homestead exemption, a person must actually occupy the home, and the home is considered their legal residence for all purposes.
Including:
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.
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