Gwinnett County Notice of Contest of Lien Form (Georgia)

The following Georgia and Gwinnett 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 Gwinnett County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Gwinnett County include:

• Buford
• Dacula
• Duluth
• Grayson
• Lawrenceville
• Lilburn
• Norcross
• North Metro
• Snellville
• Suwanee

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 Gwinnett County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Gwinnett 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.

4.8 out of 5 - ( 4434 Reviews )