1. Lien deadlines
  2. Mississippi

Mechanics lien law

Mississippi lien deadlines for contractors

Updated · Checked against primary sources

The short answer

In Mississippi, file the claim of lien with the chancery clerk within 90 days after your last work or materials, and mail a copy to the owner within 2 business days. File a payment action within 180 days of filing the lien. Anyone not in privity with the prime must notify it within 30 days of first delivery. On single-family homes, subs send a pre-lien notice 10 days before filing.

The deadlines

StepRule
Preliminary notice: whoA prime contractor in direct contract with the owner has no preliminary notice. Anyone not in privity with the contractor (for example sub-subcontractors and suppliers to subcontractors) must notify the contractor, or the owner if there is no contractor. This notice does not apply to single-family residential construction.
Preliminary notice: whenWithin 30 days after first delivering labor, services or materials to the property. Send it by e-mail with confirmed receipt, registered or certified mail, or statutory overnight delivery (85-7-407(2)). (If the required notice is not given, the claimant forfeits its lien. Unlicensed contractors and subcontractors have no lien, and neither does anyone contracting with them (85-7-403(5)).)
File or register the lienThe claim of lien must be recorded with the chancery clerk of the county where the property is located within 90 days after the claimant last performed work or furnished labor, services or materials. The same deadline applies to primes and subs. Within 2 business days after filing, a copy must be sent by registered or certified mail or statutory overnight delivery to the owner. A claimant who is not the contractor must also send a copy to the contractor. The lien must include the statutory 180-day expiration statement and the owner's notice of the right to contest, or it is invalid.
Enforce or perfect itWithin 180 days from the date the claim of lien is filed, a payment action must be commenced in county, circuit or chancery court against the party the claimant contracted with, and a lis pendens must be filed. Otherwise the lien is unenforceable. If the owner or contractor records a notice of contest of lien, the lien is extinguished at the earlier of 90 days after the notice of contest or 180 days after the lien was filed, unless a payment action has been filed.
Residential jobsSingle-family residential only: a subcontractor, supplier or design professional not in privity with the owner must give the owner a written pre-lien notice at least 10 days before filing the claim of lien, in substantially the form in 85-7-433(5). Payment by the owner to the contractor is an absolute defense to the extent paid before the owner received that pre-lien notice (85-7-409).

Other notices and rules

Common questions

Do I need to send a preliminary notice in Mississippi?
A prime contractor in direct contract with the owner has no preliminary notice. Anyone not in privity with the contractor (for example sub-subcontractors and suppliers to subcontractors) must notify the contractor, or the owner if there is no contractor. This notice does not apply to single-family residential construction. Within 30 days after first delivering labor, services or materials to the property. Send it by e-mail with confirmed receipt, registered or certified mail, or statutory overnight delivery (85-7-407(2))..
How long do I have to file a lien in Mississippi?
The claim of lien must be recorded with the chancery clerk of the county where the property is located within 90 days after the claimant last performed work or furnished labor, services or materials. The same deadline applies to primes and subs. Within 2 business days after filing, a copy must be sent by registered or certified mail or statutory overnight delivery to the owner. A claimant who is not the contractor must also send a copy to the contractor. The lien must include the statutory 180-day expiration statement and the owner's notice of the right to contest, or it is invalid.
How long does a Mississippi lien last before I have to enforce it?
Within 180 days from the date the claim of lien is filed, a payment action must be commenced in county, circuit or chancery court against the party the claimant contracted with, and a lis pendens must be filed. Otherwise the lien is unenforceable. If the owner or contractor records a notice of contest of lien, the lien is extinguished at the earlier of 90 days after the notice of contest or 180 days after the lien was filed, unless a payment action has been filed.

General information from the statutes cited below, checked 2026-09-24. Lien law is strict and details depend on your role and contract. Confirm with a construction lawyer in Mississippi before relying on a deadline. Current article enacted by Laws 2014, ch. 487 (approved April 11, 2014), not in 2020. Read from the 2025 Mississippi Code on Justia, because Mississippi has no free official code site of its own.

Where Pavado comes in

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Go deeper

Other states

Sources

  1. Miss. Code 85-7-403 (who has a lien)
  2. Miss. Code 85-7-405 (90-day filing, payment action)
  3. Miss. Code 85-7-407 (30-day notice to contractor)
  4. Miss. Code 85-7-409 (single-family pre-lien notice)
  5. Miss. Code 85-7-421 (180-day expiration)
  6. Miss. Code 85-7-423 (notice of contest)

Cite this page

Pavado, “Mississippi Lien Deadlines 2026: Notice and Filing”, https://www.pavadotech.com/lien-deadlines/mississippi, updated 2026-09-24.