South Dakota
Lien Statement-Private Works

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for its content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Description: Lien Statement.

Scope: State of South Dakota, Private Works.

Time Constraints: You must have served a notice of intent to file a lien or bond claim 10 days before filing this claim, or your claim will have no effect. See South Dakota Lien Warning Notice, Private Works, memo for more information.

You must file your Lien Statement with the Register of Deeds' (County Recorder's) office where the project is located within 120 days, inclusive, of the last furnishing of materials, labor or services. Include a copy of your Notice of Intent to File a Lien or Bond Claim along with proof of service of said notice. Serve attested (that is, stamped by the Register of Deeds) copies of the Claim of Lien on the owner, prime contractor and sureties, if any.

Perfection: After recording, you must file suit and notice of Pendency within 6 years of your last furnishing.

Special Note: Once paid, you must deliver a notarized satisfaction within 10 days to the Register of Deeds once lien is satisfied.

Lien Bond: Are permitted under certain conditions.

Payment Bond: Where a Payment Bond has been provided by a surety, file within the time frame as stated in the bond.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (do not pass these up. Estimate if necessary. In the case of Bond Claims, the sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Lien Statement, Exhibit's A-D, if needed, and Recorder's Letter.

Procedures: Prepare your documents using the required information. File your Lien Statement along with a copy of your Notice of Intent to File a Lien or Bond Claim, along with proof of service of the notice. Serve attested copies upon the owners (the general contractors and your customer are optional). At this point you are ready enforce all of your claims in one action.

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