Minor Changes To Mississippi Mechanic Lien Laws Now Effective
On April 11, 2011
By Scott Wolfe Jr
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Since Mississippi is a very close neighbor of Louisiana, and many of our readers do construction work in both states, we have a history of posting about laws and changes in the laws of that state. Take a look at our Mississippi tag here to read these posts. This post is to alert our readers to a recent change in Mississippi’s mechanic lien laws recently signed into law by Governor Barbour (Senate Bill 2363).
The new law is discussed in more detail on another blog I publish, the Construction Lien Blog: Mississippi Lien Law Now Allows Suit in County Court and Clarifies Statutory Lien Period.
In a nutshell, the law makes two changes:
- Previously, the law provided that suits to enforce liens must be filed in circuit court. The new laws amends to clarify that suit can also be filed in county court, which is a court of limited jurisdiction and can handle disputes under $200,000 (which covers most liens).
- It has always been clear that lien enforcement actions in Mississippi must be filed within 1 year of when a debt became due, but because of the complexities of construction debts, this didn’t make things very clear at all. The new law clarifies when the 1 year period begins.
Special thanks to Robert Wise of Sharpe & Wise for calling our attention to this law change. He and his wife, Suzanne Sharpe, worked on pushing it through the legislative process.
About the Author: Scott Wolfe Jr
Scott Wolfe, Jr. obtained his J.D. degree from Loyola University of New Orleans, and his B.A. from Southern Methodist University in Dallas, TX. In 2006, 2007, 2008 and 2009, Scott was recognized as a Leader in Law by CityBusiness Magazine. The son and grandson of general contractors, Scott is a construction litigator in the Pacific Northwest, and the founding member of the bi-coastal law firm, Wolfe Law Group. Scott is also the founder and CEO of Express Lien, Inc., a legal document preparation service for contractors. In 2008, City Business Magazine recognized Scott as one of its Innovators of the Year for the Express Lien concept. As an entrepreneur himself, Scott has a strong background in business and commercial transactions and laws. He focuses his practice on the legal issues facing the construction industry, and has represented clients in multi-million dollar construction disputes in litigation and alternative dispute resolution proceedings. Scott is a LEED AP.
