Arkansas Verified Statement of Account and Claim of Lien

A claimant may file a lien against a residential property to secure the amount owed on a contract. Contractors, subcontractors, or suppliers providing labor, services, material, or equipment for improvements of a property under a contract with an owner, proprietor, contractor, or subcontractor are eligible to file mechanic's liens in the State of Arkansas (18-44-101(a)). Claimants have 120 days after the final furnishing of labor, materials, services, or equipment in which to file a lien (18-44-117(a)(1))).

To assert a lien against a property's title, the claimant must execute and record a statement of account and claim of lien in the circuit court clerk's office of the county where the property subject to the lien is located.

The claim of lien is a legal document composed of two parts -- the verified statement of account and lien and an affidavit of notice. The actual lien portion of the document has two requirements by law: a correct description of the property subject to the lien, and an account of the amount owed to the claimant after allowing all credits (18-44-117(a)(1)(B)). The affidavit of notice includes a statement that the claimant has complied with applicable notices under Ark. Code Secs. 18-44-114--18-44-116, along with a copy of each notice.

Before construction begins, the potential claimant is required to provide a "notice to owner by contractor" stating that the claimant is entitled to file a lien against the property if not paid in full (18-44-115). Arkansas law also mandates that claimants give a "notice of intent to file lien" at least 10 days before filing a claim of lien (18-44-114).

Though a claim of lien has only two statutory requirements, additional information is necessary to enforce the lien. The document should name the claimant and the legal owner of the property, and any party the claimant contracted with who is not the owner. Claims of lien typically contain a description of the project, and identify the party or person authorized to release the lien.

The lien must be signed by the claimant in the presence of a notary public. Arkansas requires the lien to be verified, which means that the claimant swears under oath that the information contained within the document is true and correct. Because the claim of lien is required to be recorded in the real property records, it must comply with the standardized document form act, codified at Ark. Code Sec. 14-15-402.

Consult a lawyer with questions about mechanic's liens, preliminary notice requirements, or for any other issue related to real property in Arkansas.

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