Smyth County Conditional Lien Waiver on Partial Payment Form (Virginia)

All Smyth County specific forms and documents listed below are included in your immediate download package:

Conditional Lien Waiver on Partial Payment Form

Smyth County Conditional Lien Waiver on Partial Payment Form

Fill in the blank Conditional Lien Waiver on Partial Payment form formatted to comply with all Virginia recording and content requirements.
Included Smyth County compliant document last validated/updated 10/22/2024

Conditional Lien Waiver on Partial Payment Guide

Smyth County Conditional Lien Waiver on Partial Payment Guide

Line by line guide explaining every blank on the form.
Included Smyth County compliant document last validated/updated 10/24/2024

Completed Example of the Conditional Lien Waiver on Partial Payment Document

Smyth County Completed Example of the Conditional Lien Waiver on Partial Payment Document

Example of a properly completed form for reference.
Included Smyth County compliant document last validated/updated 12/19/2024

When using these Conditional Lien Waiver on Partial Payment forms, the subject real estate must be physically located in Smyth County. The executed documents should then be recorded in the following office:

Smyth Clerk of Circuit Court

County Courthouse - 109 West Main St, Suite 1081, Marion, Virginia 24354

Hours: 9:00 to 5:00 M-F / Recording until 4:30

Phone: (276) 782-4044

Local jurisdictions located in Smyth County include:

  • Atkins
  • Chilhowie
  • Marion
  • Saltville
  • Sugar Grove

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 Smyth 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 Smyth County using our eRecording service.
Are these forms guaranteed to be recordable in Smyth County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Smyth County including margin requirements, content requirements, font and font size requirements.

Can the Conditional Lien Waiver on Partial Payment 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 Smyth County that you need to transfer you would only need to order our forms once for all of your properties in Smyth County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Virginia or Smyth 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 Smyth County Conditional Lien Waiver on Partial Payment 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.

Lien waivers are quid-pro-quo arrangements between contractors and owners, intended to induce payment from an owner in return for the contractor waiving some or all available mechanic's lien rights.

In Virginia, any right to file or enforce any mechanics' lien may be waived in whole or in part at any time by any person entitled to such lien, except that a subcontractor, lower-tier subcontractor, or material supplier may not waive or diminish his lien rights in a contract in advance of furnishing any labor, services, or materials. Va. Code 43-3(C).

Waivers fall under two broad categories of "conditional" and "unconditional," and there are two subcategories of waivers for a "partial" or "final" payment. Each type comes with benefits and risks, so take care to use the correct form for the situation.

A conditional waiver depends on the actual receipt of payment, so use it when a party pays by check, but the recipient is not sure that it will clear. Therefore, if the bank returns the check unpaid, it is still possible to claim a lien down the line. This type of waiver offers greater protection to the contractor.

Use a partial payment waiver to acknowledge a payment on account. Think of it as a receipt that shows the owner has at least paid up to that amount.

So, a conditional waiver on partial payment releases the claimant's lien rights, to an agreed-upon point, on the condition that the check clears at the bank.

When used properly, waivers are advantageous for both a contractor and owner, and can facilitate the flow of business and encourage prompt payment without any unnecessary delays.

This article is provided for informational purposes only and should not be relied upon a substitute for the advice of an attorney. Please contact a lawyer with any questions about Virginia lien waivers.

Our Promise

The documents you receive here will meet, or exceed, the Smyth 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 Smyth County Conditional Lien Waiver on Partial Payment 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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July 19th, 2019

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May 23rd, 2024

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July 17th, 2019

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July 27th, 2020

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May 14th, 2022

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