Step 1 — Determine Your Role
If you are a GC, you may proceed directly to a lien on real property.
If you are a sub/supplier, you must first preserve a Lien on Funds.
Step 2 — Preserve a Lien on Funds (Subs & Suppliers Only)
Serve a Notice of Claim of Lien on Funds on the party holding the funds (usually the GC):
Must be served within 15 days of last furnishing
Preserves your right to unpaid contract funds
Is a prerequisite to a property lien
Step 3 — Prepare the Claim of Lien on Real Property
The Claim of Lien on Real Property is the document that officially places the lien against the property itself. Because North Carolina lien law is strictly enforced, the lien must be complete, accurate, and internally consistent. Even small errors can be used to challenge or invalidate the lien during enforcement.
A North Carolina Claim of Lien on Real Property must include the following:
Claimant name and address
Property owner’s name
Hiring party
Legal property description
Description of labor/materials
Amount claimed
Last date of furnishing
You may file:
In person
By mail
Electronically (depends on county)
Step 4 — File the Lien with the Clerk of Superior Court
The lien must be filed with the Clerk of Superior Court in the county where the property is located within 120 days of last furnishing.
Step 5 — Serve the Recorded Lien on the Owner
In North Carolina, there is no separate statutory number of days (e.g., 10 or 15 days) to serve the lien after filing. Instead, the law requires that:
The Claim of Lien on Real Property must be served on the property owner within a reasonable time after filing.
However, and this is critical, the lien must be served early enough to allow enforcement within the 180-day enforcement deadline, which runs from the last date of furnishing, not from filing.
To avoid challenges, the lien should be served Immediately after filing.
Step 5 — Enforce the North Carolina Mechanics Lien
Recording a mechanics lien in North Carolina does not by itself result in payment. To preserve and realize the value of the lien, the claimant must enforce the lien by filing a lawsuit within the statutory enforcement period. If enforcement is not timely initiated, the lien automatically expires, even if it was properly filed.
A North Carolina mechanics lien must be enforced by filing a civil action:
Within one hundred eighty (180) days after the claimant last furnished labor, materials, or services to the project.
This deadline is measured from the last date of furnishing, not from the date the lien was recorded. As a result, the enforcement clock may already be running by the time the lien is filed.