Banks County Notice of Contest of Lien Form (Georgia)
All Banks County specific forms and documents listed below are included in your immediate download package:
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.
Included Banks County compliant document last validated/updated 6/20/2024
Notice of Contest of Lien Guide
Line by line guide explaining every blank on the form.
Included Banks County compliant document last validated/updated 4/11/2024
Completed Example of the Notice of Contest of Lien Document
Example of a properly completed form for reference.
Included Banks County compliant document last validated/updated 6/26/2024
The following Georgia and Banks County supplemental forms are included as a courtesy with your order:
When using these Notice of Contest of Lien forms, the subject real estate must be physically located in Banks County. The executed documents should then be recorded in the following office:
Banks County Clerk of Superior Court
144 Yonah-Homer Road, Suite 12, Homer, Georgia 30547
Hours: 8:00am-5:00pm M-F
Phone: (706) 677-6240
Local jurisdictions located in Banks County include:
- Baldwin
- Commerce
- Homer
- Maysville
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Banks County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Banks County using our eRecording service.
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 the Notice of Contest of Lien forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Banks County that you need to transfer you would only need to order our forms once for all of your properties in Banks County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Georgia or Banks County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Banks County Notice of Contest of Lien forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
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.
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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Get your Banks County Notice of Contest of Lien form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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