Mississippi mechanics lien deadlines: notice, lien and suit (2026)
By Oussama Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer
For direct contractors, subcontractors, sub-subcontractors and suppliers, Mississippi's lien filing deadline is 90 days after the claimant's last work was performed, or its last labor, services or materials were provided (Miss. Code Ann. § 85-7-405(1)(b)), and the deadline to sue is 180 days after the claim of lien is filed for record (§ 85-7-405(1)(c)(i)).
Mississippi · Lien deadlinesVerified 2026-10-02
Lien filing
90 days after the claimant's last work was performed, or its last labor, services or materials were provided
Preliminary notice
For a person who does not have privity of contract with the contractor, or, if there is no contractor, with the owner, except on single-family residential construction: Sub-subcontractor, Supplier: 30 days after the first delivery of labor, services or materials to the property
Deadline to sue
180 days after the claim of lien is filed for record
For a person who does not have privity of contract with the contractor, or, if there is no contractor, with the owner, except on single-family residential construction
30 days after the first delivery of labor, services or materials to the property
What the statute says about it. A person that fails to give the notice forfeits its right to a lien under the article. Recipients: The contractor or, if there is no contractor, the owner. Delivery: By e-mail with a confirmed receipt, registered or certified mail, or statutory overnight delivery.
(2) For any person having a right to a lien pursuant to Section 85-7-403 who does not have privity of contract with the contractor, or, if there is no contractor, with the owner, and is providing labor, services or materials for the improvement of property, within thirty (30) days following the first delivery of labor, services or materials to the property, the person shall give a written notice to the contractor, or, if there is no contractor, to the owner, either by e-mail with a confirmed receipt, registered or certified mail, or statutory overnight delivery setting forth the following:
Miss. Code Ann. § 85-7-407(2) · Official text · retrieved 2026-09-30
If the person not in privity of contract with the contractor fails to provide the required notice to the contractor, he shall thereby forfeit his right to a lien under this article.
Miss. Code Ann. § 85-7-407(2) · Official text · retrieved 2026-09-30
(4) The provisions of this section do not apply to single-family residential construction.
Miss. Code Ann. § 85-7-407(4) · Official text · retrieved 2026-09-30
Notice of intent
Who
Project type
Branch
Deadline
Statute
Subcontractor, Sub-subcontractor, Supplier
Any
As to single-family residential construction only, for a subcontractor, materialman or design professional not in privity with the owner
A pre-lien written notice at least ten (10) days before filing a claim of lien
What the statute says about it. The notice is a condition precedent of any right to a special lien for that claimant. Recipients: The owner. Delivery: Any reliable means of delivery may evidence it.
(2) As to single-family residential construction only, as a condition precedent of any right to a special lien under Section 85-7-403 in favor of a subcontractor, materialman or design professional not in privity with the owner, the claimant must provide the owner a pre-lien written notice at least ten (10) days before filing a claim of lien under Section 85-7-405, which can be evidenced by any reliable means of delivery.
Miss. Code Ann. § 85-7-409(2) · Official text · retrieved 2026-09-30
Lien filing
Who
Project type
Branch
Deadline
Statute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier
Any
Default
90 days after the claimant's last work was performed, or its last labor, services or materials were provided
What the statute says about it. On failure of any of the provisions of section 85-7-405(1), the lien is not effective or enforceable.
(1) The following persons shall each have a special lien on the real estate or other property for which they furnish labor, services or materials:
Miss. Code Ann. § 85-7-403(1) · Official text · retrieved 2026-09-30
(a) All contractors, all subcontractors and all materialmen furnishing material for the improvement of real estate;
Miss. Code Ann. § 85-7-403(1)(a) · Official text · retrieved 2026-09-30
(2) Each special lien specified in subsection (1) of this section may attach to the real estate of the owner for which the labor, services or materials are furnished if they are furnished at the instance of the owner, design professional or contractor or a subcontractor having direct privity of contract with a contractor, and shall include the value of work done and labor, services or materials furnished.
Miss. Code Ann. § 85-7-403(2) · Official text · retrieved 2026-09-30
(1) To make good a lien created in Section 85-7-403(1), it must be created and declared in accordance with the following provisions, and on failure of any of them the lien shall not be effective or enforceable:
Miss. Code Ann. § 85-7-405(1) · Official text · retrieved 2026-09-30
(b) The filing for record of the claim of lien in the office of the clerk of the chancery court of the county where the property is located within ninety (90) days after the claimant’s last work performed, labor, services or materials provided, the furnishing of architectural services, or the furnishing or performing of surveying or engineering services.
Miss. Code Ann. § 85-7-405(1)(b) · Official text · retrieved 2026-09-30
Service of the lien
Who
Project type
Branch
Deadline
Statute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier
Any
Default
No later than two (2) business days after the claim of lien is filed of record
What the statute says about it.Recipients: The owner of the property or, if the owner's address cannot be found, the contractor as the owner's agent; The contractor or the contractor's registered agent as well, if the lien claimant is not the contractor. Delivery: By registered or certified mail or statutory overnight delivery.
No later than two (2) business days after the claim of lien is filed of record, the lien claimant shall send a true and accurate copy of the claim of lien by registered or certified mail or statutory overnight delivery to the owner of the property or, if the owner’s address cannot be found, the contractor, as the agent of the owner; if the property owner is an entity on file with the Secretary of State’s office, sending a copy of the claim of lien to the entity’s address or the registered agent’s address shall satisfy this requirement.
Miss. Code Ann. § 85-7-405(1)(b) · Official text · retrieved 2026-09-30
If the lien claimant is not the contractor, he shall also send a copy of the claim of lien within two (2) business days by registered or certified mail or statutory overnight delivery to the contractor or to the contractor’s registered agent.
Miss. Code Ann. § 85-7-405(1)(b) · Official text · retrieved 2026-09-30
Deadline to sue
Who
Project type
Branch
Deadline
Statute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier
Any
Default
180 days after the claim of lien is filed for record
What the statute says about it. Failure to commence a payment action within that time renders the claim of lien unenforceable.
(i) A payment action for the recovery of the amount of the lien claimant’s claim against the party he contracted with shall be commenced in county, circuit or chancery court within one hundred eighty (180) days from the date of filing for record of the lien claimant’s claim of lien.
Miss. Code Ann. § 85-7-405(1)(c)(i) · Official text · retrieved 2026-09-30
(1) Failure of a lien claimant to commence a payment action to collect the amount of his or her claim within one hundred eighty (180) days from the date of filing the lien renders the claim of lien unenforceable.
Miss. Code Ann. § 85-7-421(1) · Official text · retrieved 2026-09-30
(1) An owner or an owner’s agent or attorney, or the contractor or contractor’s agent or attorney, may elect to shorten the time prescribed in which to commence a payment action to enforce any claim of lien by recording in the chancery clerk’s office a notice in substantially the form set forth in Section 85-7-433(4), along with proof of delivery to the lien claimant.
Miss. Code Ann. § 85-7-423(1) · Official text · retrieved 2026-09-30
(3) The lien shall be extinguished by law upon the earlier of ninety (90) days after the filing of the notice of contest of lien, or one hundred eighty (180) days from the date of lien filing if no payment action is filed in that time period.
Miss. Code Ann. § 85-7-423(3) · Official text · retrieved 2026-09-30
Residential projects
On single-family residential construction only, payment by or for the owner to a contractor or design professional in privity with the owner, for the work of a subcontractor, materialman, professional engineer or professional surveyor, is an absolute defense to that claimant's lien, to the extent of the payment and only to the extent the owner had not received a pre-lien notice before the payment.
(1) As to single-family residential construction only, payment made by or on behalf of the owner to a contractor or design professional in privity with the owner, for the work of a subcontractor, materialman, professional engineer or professional surveyor, shall be an absolute defense to any claim of lien made by the subcontractor, materialman, professional engineer or professional surveyor, (a) but only to the extent of the payment actually made by or on behalf of the owner to the contractor or design professional in privity with the owner, and (b) only to the extent the owner has not received a pre-lien notice in accordance with subsection (2) of this section before the payment.
Miss. Code Ann. § 85-7-409(1) · Official text · retrieved 2026-09-30
How the days are counted
The day of the event is not counted, and the last day of the period is.
The computation of time under this article shall be determined pursuant to Section 1-3-67.
Miss. Code Ann. § 85-7-425 · Official text · retrieved 2026-09-30
When process shall be required to be served or notice given any number of days, the day of the act, event or default from which the designated period of time begins to run shall not be included.
Miss. Code Ann. § 1-3-67 · Official text · retrieved 2026-09-30
When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.
Miss. Code Ann. § 1-3-67 · Official text · retrieved 2026-09-30
A last day that falls on a Saturday, a Sunday or a legal holiday moves to the next day that is not one.
The last day of the period so computed shall be included unless it is a Saturday, a Sunday or a legal holiday, or any other day when the courthouse or the clerk’s office is in fact closed, whether with or without legal authority, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, a legal holiday, or any other day when the courthouse or the clerk’s office is closed.
Miss. Code Ann. § 1-3-67 · Official text · retrieved 2026-09-30
A last day when the courthouse or the clerk's office is in fact closed, whether with or without legal authority also moves.
The lien deadline calculator does not model New Year's Day, Washington's birthday, Confederate Memorial Day, the last Monday of May (National Memorial Day and Jefferson Davis' birthday), Independence Day, Labor Day, Thanksgiving Day and Christmas Day (Miss. Code Ann. § 3-3-7(2) lets the governing authorities of any municipality or county declare another day a legal holiday in lieu of any one of them), so a date it counts may move later.
(1) Except as otherwise provided in subsection (2) of this section, the following are declared to be legal holidays: the first day of January (New Year’s Day); the third Monday of January (Robert E. Lee’s birthday and Dr. Martin Luther King, Jr.’s birthday); the third Monday of February (Washington’s birthday); the last Monday of April (Confederate Memorial Day); the last Monday of May (National Memorial Day and Jefferson Davis’ birthday); the fourth day of July (Independence Day); the first Monday of September (Labor Day); the eleventh day of November (Armistice or Veterans’ Day); the day fixed by proclamation by the Governor of Mississippi as a day of Thanksgiving, which shall be fixed to correspond to the date proclaimed by the President of the United States (Thanksgiving Day); and the twenty-fifth day of December (Christmas Day).
Miss. Code Ann. § 3-3-7(1) · Official text · retrieved 2026-09-30
In the event any holiday hereinbefore declared legal shall fall on Sunday, then the next following day shall be a legal holiday.
Miss. Code Ann. § 3-3-7(1) · Official text · retrieved 2026-09-30
(2) In lieu of any one (1) legal holiday provided for in subsection (1) of this section, with the exception of the third Monday in January (Robert E. Lee’s birthday and Martin Luther King, Jr.’s birthday) and the eleventh day of November (Armistice or Veterans’ Day), the governing authorities of any municipality or county may declare, by order spread upon its minutes, Mardi Gras Day or any one (1) other day during the year, to be a legal holiday.
Miss. Code Ann. § 3-3-7(2) · Official text · retrieved 2026-09-30
Who the deadlines apply to
Section 85-7-403(1)(a) names contractors, subcontractors and "all materialmen furnishing material for the improvement of real estate" [1]. The rules on this page put those claimants into four roles: the direct contractor, the subcontractor, the sub-subcontractor and the supplier [1]. The claim of lien, the copies sent after it and the payment action each name all four, on any project type [1].
The two notice rules turn on privity. The notice under § 85-7-407 names sub-subcontractors and suppliers [1]. The pre-lien notice under § 85-7-409(2) names subcontractors, sub-subcontractors and suppliers [1].
How the periods run
Notice to the contractor. For a person who does not have privity of contract with the contractor, or, if there is no contractor, with the owner, except on single-family residential construction, the written notice is due 30 days after the first delivery of labor, services or materials to the property[1]. The statute says a person that fails to give it forfeits its right to a lien under the article [1].
Pre-lien notice to the owner. As to single-family residential construction only, for a subcontractor, materialman or design professional not in privity with the owner, the rule reads A pre-lien written notice at least ten (10) days before filing a claim of lien[1]. The statute makes this notice a condition precedent of any right to a special lien for that claimant [1]. It is counted back from the filing of a claim of lien, so the calculator counts no date for it.
The claim of lien. The claim of lien is filed for record with the clerk of the chancery court [1]. Its period is 90 days after the claimant's last work was performed, or its last labor, services or materials were provided[1]. On failure of any of the provisions of § 85-7-405(1), the statute says the lien is not effective or enforceable [1].
After filing. Filing for record starts two more clocks. Copies of the claim of lien go out No later than two (2) business days after the claim of lien is filed of record[1]; the table lists that rule without a counted date. The payment action is due 180 days after the claim of lien is filed for record[1]. Under § 85-7-421(1), failure to commence it within that time renders the claim of lien unenforceable [1]. Under § 85-7-423, a recorded notice of contest of lien can shorten that time [1].
How residential work is treated
Beyond the two notice rules above, § 85-7-409(1) adds a payment defense for single-family residential construction. Payment by or for the owner to a contractor or design professional in privity with the owner, for the work of a subcontractor, materialman, professional engineer or professional surveyor, is an absolute defense to that claimant's lien, to the extent of the payment and only to the extent the owner had not received a pre-lien notice before the payment [1].
Counting the days
Section 85-7-425 sends the computation of time under the lien article to § 1-3-67 [1]. That section leaves out the day of the event that starts a period and includes the last day [1]. A last day that is a Saturday, a Sunday or a legal holiday, or a day when the courthouse or the clerk's office is in fact closed, carries the period to the end of the next day that is none of those, and this applies at every stage on this page [1]. Legal holidays are declared in § 3-3-7 [1].
What changed recently
The lien sections printed here, from § 85-7-403 through § 85-7-425, were enacted by Laws 2014, chapter 487, effective from passage (approved April 11, 2014) [1]. Their history notes list no later amendment [1].
