365 days to start the lien action
Under O.C.G.A. 44-14-361.1(a)(3), the lien claimant must commence a lien action within 365 days from the date the claim of lien is filed for record.
- "12 months from the date the claim became due" is the old rule and a common error.
- 90 days is the time to file the claim of lien after completion, not the time to sue.
- 365 days runs from the lien filing, not from completion of the work.
What counts as a lien action
O.C.G.A. 44-14-360(2.1) defines a lien action as:
- a lawsuit,
- a proof of claim in a bankruptcy case, or
- a binding arbitration.
A notice of commencement is none of these. It is a project-start filing under 44-14-361.5, not a proceeding to enforce a lien.
The notice of commencement of lien action: 30 days
Once the lien action is commenced, the claimant must file a notice of commencement of lien action within 30 days after the lien action is commenced (44-14-361.1(a)(3)). It is filed with the clerk of superior court of the county where the lien was filed.
Worked example: suit filed May 10. May 10 + 21 days = May 31, plus 9 more = June 9.
- May 24 uses the old 14-day figure, the common error.
- May 20 uses 10 days, the copy-on-request period.
- August 8 uses 90 days, the claim of lien period.
Required contents
The statute lists what the notice must contain:
- a caption naming the then owner and referring to a recorded instrument in the chain of title;
- the court or arbitration venue;
- the style and number of the action, with all party names;
- the date the action was filed;
- the book and page where the lien is recorded.
The trap: a legal description of the property is not required. A secondary source listed it in error.