My Account Deeds.com Real Estate Deeds

Georgia Preliminary Notice of Mechanics Lien

Georgia Mechanic's Lien on your mind? First file your preliminary notice!

In many states, claimants must file a document known as a "preliminary" or "pre-lien" notice as a prerequisite to securing mechanic's lien rights. Georgia does not adhere to this requirement, so forgetting to file preliminary notice won't cost the claimant's lien rights. Under Georgia law, however, a person with a lien right may, at his or her option, file a preliminary notice. O.G.C.A. 44-14-361.3.

Preliminary notices are used by subcontractors and material suppliers who are not under a direct contract with the owner. A preliminary notice form follows a simple format that must include: (1) the name, address, and telephone number of the potential lien claimant; (2) the name and address of the contractor or other person at whose instance the labor, services, or materials were furnished; (3) the name of the owner of the real estate and include a description sufficient to identify the real estate against which the lien is or may be claimed; and (4) include a general description of the labor, services, or materials furnished or to be furnished. O.G.C.A. 44-14-361.3(a)(2)---(5).

The preliminary notice of lien rights must be filed with the clerk of superior court of the county in which the real estate is located within thirty (30) days after the date a party delivered any materials or provided any labor or services for which a lien may be claimed. O.G.C.A. 44-14-361.3(a)(1).

The Notice must also be served after filing on either the owner or contractor. A party filing a preliminary notice of lien rights (except a contractor) shall, within seven (7) days of filing the notice, send by registered or certified mail or statutory overnight delivery a copy of the notice to the contractor on the property named in the notice or to the owner of the property. The lien claimant may rely on the building permit issued on the property for the name of the contractor. O.G.C.A. 44-14-361.3(b).

As stated earlier, the preliminary notice is not a required document. A person having a lien may enforce the lien without filing a preliminary notice of lien. O.G.C.A. 44-14-361.3(d). However, filing and serving preliminary notice on an owner or prime contractor is good practice and can help preserve your lien rights, especially when there are multiple claimants.

This article is provided for informational purposes only and should not be used as a substitute for the advice of an attorney. Please contact an attorney with questions about the preliminary notice or any other issues related to liens in Georgia.

Deeds.com Georgia Preliminary Notice of Mechanics Lien Forms Have Been Updated as Recently as Friday June 26, 2020

4.8 out of 5 (1591 Reviews)

What others like you are saying:


Sherri P. said: I thought it was easy, but I wish it were faster. I uploaded my document Monday night (after 5pm) and got my invoice the next morning Tuesday paid it right away. and my document was not sent to me as recorded until Wednesday morning even though it was recorded the day earlier at 8:30am. So there was a delay of almost 24 hours letting me know that my document was recorded. So if they could speed that up so that we knew exactly when it got recorded immediately I would give it a million stars

Reply from Staff: Thank you!


Deborah B. said: EVERYTHING WENT WELL, HAD NO PROBLEMS DOWNLOADING MY FORMS. THE ORDER QUICK AND EASY. THANKS IF I EVER NEED AND OF THESES FORMS AGAIN I WILL BE BACK.

Reply from Staff: Thanks Deborah, we really appreciate your feedback.


Kendrick S. said: Really solid system for determining what may prevent your documents from being accepted. I love the comments section allowing for fluid communication. I only wish there were automated emails for all those communications and once documents were accepted, but I did receive a couple personally-generated emails regarding the progress instructing me to check the site.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


JOYCE R. said: I am a tax attorney and had worked as a Valuation Engineer with Internal Revenue Service. I can access (almost immediately) complete title reports and transactions history of real estate transfers. It is a joy to have access to your valuable service. JOYCE REBHUN,JD,MBA,PhD,EA

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


James B. said: Reliable and fast. A great assest.

Reply from Staff: Thank you!


Barbara J. said: I haven't actually used any forms yet, but I am very pleased with the simplicity of the website. I love the nmber and variety of forms offered. Thank you for such a great website,

Reply from Staff: Thank you!


Select County where the property is located.

Georgia Preliminary Notice of Mechanics Lien Form