Claiming a Mechanic's Lien in Kentucky

Mechanic's Liens are used to place a block on a property owner's title when a contractor, materials supplier, or other laborer such as a subcontractor has not been paid for labor, materials, or equipment provided. In Kentucky, a lien is claimed by filing a Statement of Claim document with a county recorder.

To claim a lien in Kentucky, the claimant must file a statement of the account due to him within six (6) months after he ceases to labor or furnish materials. K.R.S. 376.080(1). The statement must be filed in the office of the county clerk of the county in which the building or improvement is situated. Id. The statement must include the amount due along with a description of all just credits and set-offs known to him, together with a description of the property intended to be covered by the lien sufficiently accurate to identify it, the name of the owner, if known, and whether the materials were furnished or the labor performed by contract with the owner or with a contractor or subcontractor. Id.

The lien statement also requires the name and address of the claimant; if the claimant is a corporation, the statement must include the name and address of the corporation's process agent, or some other address at which service of process under the Rules of Civil Procedure may be accomplished. Id. If no name and address is included in the statement, service of process in an action involving the real property may be accomplished by serving the person who signs the lien statement. Id. This statement also must be subscribed and sworn to by the person claiming the lien or by someone in his behalf. Id.

After completing the statement, it must be served on the owner. The claimant shall send by regular mail a copy of the statement to the property owner at his last known address within seven (7) days of filing the statement with the county clerk. Id. Service is important because the lien will be dissolved if a copy of the statement is not sent to the property owner as provided by Kentucky law. Id.

This article is provided for informational purposes only and should not be considered legal advice or relied upon as a substitute for speaking with a legal professional. If you have any questions about filing a statement claiming a mechanic's lien, please speak with a qualified attorney.

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