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MISSISSIPPI
Tuesday, June 17, 2008
Lien for laborers, materialmen and architects shall take effect only from time of commencing suit or from time of filing contract in office of Chancery Court Clerk.
Delivery of material to job is prima facie evidence of its use therein.
Lien declared in foregoing is limited to contractor or employee and when contract or employment is made by owner or his agent.
Lien suit exceeding $200 must commence by petition with required details in Circuit Court of county where property is located within 12 months next after time when money was due. If amount of controversy does not exceed $200, justices of the peace shall have jurisdiction.
All parties claiming liens on the same property shall be made parties to the suit.
Process shall be served personally on each defendant. If the defendant is a non-resident or can't be found, process can be served by publication as in Chancery Court.
Any sale of property made shall be by a special writ of execution and all liens paid pro rata.
Subcontractors and laborers may bond amount due by general by written notice to owner. Owner may pay amount due into court for final distribution according to rights of parties.
No contractor shall assign or dispose of proceeds from a contract except where solvent bond is provided. Any person furnishing labor or material under said contract has right to intervene and be made party to action instituted on such bond and right to pro rata share of funds after paying full amount to obligee. This bond does not protect a remote materialman or subcontractor unless it has a specific clause to that effect.
Unless owner institutes action against contractor within six months, subcontractors and materialmen have right to institute action. Action on any bond shall not be commenced until after completion of contract and within one year and notice must be published. Only one action may be brought on a bond and any party may intervene.
All action within no other specified period of limitation shall be commenced within six years. Action on any unwritten contract, express or implied, shall commence within three years.
On contracts with state or county or municipality or agency, bonds in addition to usual bonding shall be provided to assure payment of taxes, licenses, contributions, etc.