Georgia Claim of Lien (Mechanic's Lien): Protecting Payment Under O.C.G.A. § 44-14-361.1

If you are a contractor, subcontractor, material supplier, or laborer who has worked on a construction project in Gwinnett County and haven't been paid, Georgia law gives you a powerful tool: the Claim of Lien, commonly called a mechanic's lien. This legal document, governed by O.C.G.A. § 44-14-361.1, secures your right to payment by placing a claim against the property itself.

What Is a Claim of Lien?

A Claim of Lien is a sworn, written statement recorded with the Superior Court Clerk in the county where the property is located. It notifies the property owner and the public that you are owed money for labor, services, materials, or equipment provided to improve that property. Once filed, the lien attaches to the property's title, making it difficult for the owner to sell or refinance until the debt is resolved.

Why Georgia Law Requires Notarization

Under O.C.G.A. § 44-14-361.1, a Claim of Lien must be verified under oath before it can be recorded. This means the claimant must appear before a Georgia notary public and swear that the information in the claim — including the amount owed, the work performed, and the property description — is true and correct. The notary's seal and signature authenticate the sworn statement. This notarization requirement serves two important purposes:

• Prevents frivolous claims — The oath requirement discourages false or exaggerated filings by exposing the claimant to penalties for perjury.
• Establishes a verifiable record — The notarized document becomes an official public record, giving property owners, lenders, and title companies confidence in the lien's validity.

Key Deadlines and Requirements

To file a valid Claim of Lien in Georgia, you must meet these requirements:

• File within 90 days — The claim must be recorded within 90 days after the completion of your work or the last furnishing of materials or services.
• Notarized under oath — The claim must contain a sworn affidavit signed before a notary public.
• Include a warning statement — The document must include a notice to the property owner in 12-point bold type, informing them of their right to contest the lien.
• File in the correct county — Record the claim with the Clerk of Superior Court in the county where the property is physically located, such as Gwinnett County Superior Court.
• Commence an action within 12 months — After filing, you have 12 months to file a lawsuit to foreclose on the lien, or the lien expires.

Who Can File a Claim of Lien?

Georgia law allows a broad range of parties to file a mechanic's lien, including:

• General contractors and subcontractors
• Material suppliers (including lumber yards, concrete providers, and equipment rental companies)
• Laborers who performed work on the property
• Architects, engineers, surveyors, and interior designers (under O.C.G.A. § 44-14-360)

Practical Tips for Filing

• Send a preliminary notice of lien rights within 30 days of first furnishing labor or materials (required for subcontractors and material suppliers under O.C.G.A. § 44-14-361.3).
• Get an accurate legal description of the property — this is critical for a valid filing.
• Use the full, exact name of the person or company filing the lien.
• Have the document notarized before attempting to record it at the courthouse.
• Keep a certified copy of the recorded lien for your records.

The Georgia Claim of Lien is a serious legal tool that can help you get paid for your hard work. Because it requires a sworn, notarized statement — and because strict deadlines apply — you should prepare the document carefully and have it notarized before filing.

Need this document notarized? Find a trusted notary in your area on Notary of Gwinnett.