September 9, 2010
Hi JB – Very good point. …
Comment posted on Mechanics Lien Basics by Scott Wolfe Jr
Hi JB – Very good point. We always talk about how lien laws are complex, that the filing requirements are technical, and how important it is to actually get the form drafted and sent off correctly…but the service of the documents often gets overlooked in this discussion.
In many states, as you state, service of liens, notices, etc. carries great weight. If the documents are served on the correct party, in the correct fashion…and done in a way that it can be later proved, it causes problems for the claimant. It may even invalidate the lien itself.
Thanks for chiming in on this. If you would like to write a guest post about this on our constructionlienblog.com, we’d be happy to have you. Also, we often serve papers in South Carolina, and will certainly keep your service in mind in the future.
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In South Carolina these law are also very complex. Here process servers have a great deal of liability if the service is not done according to the law. If your state has any special service issues make sure that your process server is well versed in them. It will save you a great deal of grief. Also never use a process server that has no proof of an active E&O policy.
Hi JB – Very good point. We always talk about how lien laws are complex, that the filing requirements are technical, and how important it is to actually get the form drafted and sent off correctly…but the service of the documents often gets overlooked in this discussion.
In many states, as you state, service of liens, notices, etc. carries great weight. If the documents are served on the correct party, in the correct fashion…and done in a way that it can be later proved, it causes problems for the claimant. It may even invalidate the lien itself.
Thanks for chiming in on this. If you would like to write a guest post about this on our constructionlienblog.com, we’d be happy to have you. Also, we often serve papers in South Carolina, and will certainly keep your service in mind in the future.