How to Attach a Lien in Kentucky
There are a variety of liens in Kentucky, including an architect lien, child support lien and a mechanic's lien. A mechanic's lien, the most common type, is used when a person fails to pay someone for services, building repair or storage. In Kentucky, attorney's liens, veterinary liens, liens on motor vehicle repair and storage and liens on horses, cattle and livery stable are recorded as mechanic's liens. A person can attach a lien on property when an owner fails to pay for the services.
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Instructions
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Notify the property owner of your intent to file a lien on the property if you do not have a direct contract with the property owner. Under Kentucky law, a person who did not contract directly with the owner is required to send a notice to the property owner within 75 days from the date of the performance for claims of less than $1,000 and within 120 days for claims in excess of $1,000. If the property is a single-family dwelling, you must notify the owner within 75 days no matter what the amount of the claim. Mail the notice via regular mail to the last known address of the property owner or to his authorized agent within the county in which the property is located.
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Complete and file a lien statement with the clerk of the court in which the property is located. File this form within six months after you stop working on the project or furnishing materials. The statement must include your name and address, the name and address of the contractor, subcontractor and the property owner, a specific description of the property, the amount due and the existence of a contract with the owner, contractor or subcontractor (if any). Sign the lien statement in front of a notary public.
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Pay the filing fee. As of May 2011, the filing fee is $13. The court will charge an additional fee of $3 per page if the statement exceeds three pages.
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Send the property owner a copy of the lien statement. It is sufficient to send it to the owner's last known address by regular mail. You must send it within seven days of filing the lien with the county clerk of the court. The lien will dissolve if you fail to send a copy to the property owner within the required time.
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