Step 1 — Identify Your Role and Project Type
Before taking any lien action in Mississippi, determine:
whether you are a general contractor or a lower-tier party (subcontractor, supplier, design professional),
whether the project is single-family residential or commercial, and
whether you have a direct contract with the property owner.
These factors control which notices apply, when they must be sent, and whether lien rights can be preserved.
Step 2 — Send a Mississippi Preliminary Notice (Best Practice, Not Mandatory)
Mississippi recognizes a Preliminary Notice, but it is not mandatory to preserve lien rights.
The preliminary notice is used to:
notify the owner and general contractor that you are furnishing labor, materials, or equipment,
identify lower-tier participants early in the project,
reduce surprise liens and payment disputes, and
create an early paper trail.
Who Typically Sends Mississippi Preliminary Notice:
Subcontractors
Sub-subcontractors
Material suppliers
Equipment suppliers
Who Does NOT Need to Send Mississippi Preliminary Notice
General contractors
Parties with a direct contract with the owner
Timing
Commonly sent within 30 days of first furnishing as a best practice.
Step 3 — Determine Whether a Notice of Intent to File a Mechanics Lien Is Required
Mississippi does require a Notice of Intent to File a Mechanics Lien in specific situations.
When is a Mississippi Notice of Intent IS Required
A Notice of Intent to File a Mechanics Lien is mandatory if:
the project is a single-family residential project, and
the claimant does not have a direct contract with the property owner, and
the claimant is a subcontractor, supplier, or certain design professional.
What is a Deadlint to send a Mississippi NOI:
The Notice of Intent must be sent at least ten (10) days before the mechanics lien is filed.
Step 5 — Prepare the Mississippi Mechanics Lien (Claim of Lien)
The mechanics lien must be accurate, complete, and truthful. At a minimum, it should include:
claimant’s legal name and address,
property owner’s name,
hiring party,
description of labor, materials, equipment, or services furnished,
last date of furnishing, and
the actual unpaid balance claimed.
Overstating the lien amount or including unapproved charges can jeopardize the lien.
Step 6 — File the Mississippi Mechanics Lien
The mechanics lien must be filed with the Chancery Clerk in the county where the property is located. The Mississippi mechanics lien must be recorded within ninety (90) days of last furnishing labor, materials, or services.
Missing this deadline permanently extinguishes lien rights.
Step 7 — Serve the Filed Lien on the Owner
After filing the Mississippi mechanics lien, best practice is to serve a copy of the mechanics lien on the property owner promptly.
Service is typically completed by:
certified mail, return receipt requested, or
another verifiable delivery method.
Proper service helps avoid disputes and supports enforcement.
Step 8 — Enforce the Mississippi Mechanics Lien
Recording the lien does not result in payment by itself. To enforce the lien, the claimant must file a foreclosure lawsuit within one hundred eighty (180) days after the lien is filed.
Important Enforcement Note:
The property owner may file a Notice of Contest of Lien, which can shorten the enforcement deadline and require faster action. Claimants must act immediately if a contest notice is received.
If enforcement is not timely pursued, the lien becomes unenforceable by operation of law.