Step 1 — Identify the Last Day of Work or Project Completion
Determine your last qualifying day of labor or material delivery, and whether the overall project has been completed or terminated. These dates control every lien deadline in Virginia.
Step 2 — Prepare the Memorandum of Lien
Prepare a Memorandum of Lien that strictly complies with Virginia law. The memorandum must accurately identify:
Claimant’s legal name and address
Property owner’s name
Name of the party who hired the claimant
Legal description of the property
Statement of the work performed or materials furnished
Amount claimed as due and unpaid
Dates when the claimant last performed work or furnished materials
Required statutory language and verification
Step 3 — Record the Virginia Memorandum of Lien
Record the Virginia Memorandum of Lien with the Circuit Court Clerk in the jurisdiction where the property is located within the applicable 90-day deadline. You can fil the Virginia mechanics lien in person, via mail, or online, if applicable.
Step 4 — Serve the Virginia Memorandum of Lien
Serve a copy of the recorded Virginia Memorandum of Lien on the property owner or agent within 30 days of recording, using sheriff service or certified mail, return receipt requested. Proof of service should be retained.
Step 5 — Enforce the Virginia Memorandum of Lien
If you haven't been paid after filing the Virginia mechanics lien, you must file a foreclosure lawsuit within 6 months of recording or 60 days after project completion/termination (whichever is later). Missing this deadline permanently extinguishes the lien.