General Information All Forms
Description: Lien Writer(®) prints all forms necessary in the mechanic’s lien process for all 50 states. Using plain white paper (you can use Pettit forms for preliminary notices and lien warning notes) you can generate preliminary notice forms, lien warning notice forms, release forms, lien notice forms, bond or lien claim forms, bond or lien claim release forms, information request forms, joint check agreement forms and promissory notice forms as required by the individual states.
These forms contained within the program are updated by FWM Software as often as possible to attempt to conform with changes in the laws of the various states. But, because the laws of the land are subject to change and interpretation by the various state and federal governments, state and federal administrative agencies and the state and federal courts, we cannot guarantee that information listed here is 100% accurate. Always keep your attorney advised of your lien procedures.
Lien Writer(®) does not print any of the forms needed to perfect a mechanic's lien, that is, commence a lawsuit to make your lien on the real property or public funds permanent. This is a complicated process for which we strongly urge that you use your attorney. In the vast majority of cases the filing of the various forms will be enough to compel payment to you. However, in those cases it does not, contact your attorney before the statutory time periods for taking action run out. Information on procedures for securing and filing claims is found in the following memos (including this one).
General information on certain statutory forms is backed by specific information by individual states. Forms that are common to all states or non-statutory do not have specific information by state.
Form types: preliminary notice forms, lien warning notice forms, lien notice forms, and bond or lien claim forms are statutory documents generally individualized to a particular state. Information on using these forms can be found in the following general information memos and the memos for the specific states. Release forms, bond or lien claim extension forms, bond or lien claim release forms, information request forms, joint check agreement forms and promissory note forms are mostly non-statutory or forms common to all of the states. All information on using these forms can be found in the following all states memos.
All forms print on plain white paper with any type of printer. For mass volumes of preliminary notices and lien warning notices you may elect to use Pettit manifold pre-printed forms. See the Lien Writer(®) manual for more information, or call Caryl Pettit at (800) 420-6767, Local (626) 798-1682, Fax: (818) 952-3108
Information Requirements: Lien Writer(®)'s input fields ask for all of the information you will need to file any form, and, as much as possible, you should supply this information. Our information request form is an excellent worksheet for this information.
In general, all states require the following information:
- Exact legal or corporate name of the owners, bonding companies or lenders, prime and sub-contractors, and the filing party.
- The mailing address of the owners, bonding companies or lenders, prime and sub-contractors, and the filing party.
- Estimated amount of the claim.
- Balance due on the claim.
- Disputed amounts on the claim.
- Additional fees due on the claim.
- Date the labor or services were commenced or the supplies delivered.
- Date the labor or service were completed or the supplies delivered.
- Date the debt became due.
- Date of the notice of completion filing.
- Name of the job, if any, or use the owner's legal names and address.
- Exact legal description of the property as accurately as possible. A street address may be sufficient in most cases, assessors parcel number (APN) or county assessor's office description is preferred.
- Brief description of the type of materials, goods or services rendered.
- Be able to provide invoice copies.
- County of the state where the job is located.
- Date, number and amount of the prime contract.
- Your customer's payment order (PO)number.
- Your internal job or invoice number.
- Information on any union trust funds that you are also filing on behalf of (very few states).
Once you have inputted this information, it can be used for any Lien Writer(®) document, and changed on demand at any time. If you have any legal questions on a form filing, contact your attorney immediately.
Filing Forms: Where required, you may have to file a copy of a particular document with the county recorder's (clerk’s office, county clerk of the superior court, etc.) of the county of the state where the project is located. This filing generally establishes your right to a lien claim. If required, be sure to prepare at least 3 copies of said documents for submission: 2 for the county recorder's office(some only need one) or 1 for yourself, besides other copies you may need for service.
The clerk of the office will enter the documents in the county recorders and return to you an attested (certified) copy of the filing. In some cases you must serve attested copies(photo copies of attested copies are okay) of documents on parties to the lien, but usually just a copy of your original printing is sufficient for the additional required services.
All forms print fully justified (the most business-like format in our opinion) and will vary in size (with possible multiple pages) from printing to printing depending on the amount of data that is available for each job.
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