Independent guide

What is a lien notice?

A lien notice is a communication telling you that a claim exists or may be made. It is not the same as the recorded filing that creates or perfects the claim, and it is not the same as a demand that you pay money. Sorting your letter into one of those three boxes is the single most useful thing you can do with it.

Notice, filing, demand: what is the difference?

A notice

A notice informs. In construction, for example, many states require a contractor or supplier to send a preliminary notice early in a project so the property owner knows who might later claim a lien — that notice is not itself a lien. Other notices are purely informational and required by nobody: a private company may mail one simply because a filing appeared in a public index.

A recorded filing

A recorded filing is a document accepted into an official index — typically by a county recorder, county clerk, or clerk of court — and given a document or instrument number. Recording generally makes the claim public and fixes its priority date. It does not involve a judge reviewing whether the claim is right.

A demand for payment

A demand asks you to pay, usually by a date, and often comes from a creditor, a law firm, or a debt collector. If the sender is a debt collector, federal law gives you specific rights, including a written validation notice and the right to dispute the debt in writing. The Consumer Financial Protection Bureau explains those rights and provides sample dispute letters.

What kinds of liens produce letters?

  • Mechanic’s and construction liens — claimed by contractors, subcontractors, and suppliers against real property. Notice and deadline rules are strict and vary a great deal from state to state.
  • Medical and hospital liens — in many states a hospital or provider may assert a claim against the proceeds of a future personal-injury settlement rather than bill the patient directly. Whether a filing is required, and where it is filed, is set by state statute.
  • Judgment liens — arise after a court judgment and are usually recorded against real property owned by the debtor.
  • Tax liens — the IRS files a Notice of Federal Tax Lien after assessing and demanding payment; state and local tax authorities have their own processes.
  • UCC filings — secured-party filings against business assets, filed with a secretary of state rather than a county office.

Does a notice mean I owe money?

Not by itself. A notice reports a claim, and a claim can be accurate, inflated, misdirected, already satisfied, or filed against the wrong person. Equally, ignoring a genuine claim can have consequences later — at a property sale, or when a settlement is distributed. The useful middle path is to verify the record and then get advice on that specific record.

Who is allowed to send me one?

Recorded filings are public, so anyone reading a public index can learn that a lien exists and write to the person named. That is how many marketing and notice letters are generated. A letter arriving therefore proves only that someone read an index — it does not prove the sender has any role in your matter.

Keep reading

Prefer to start at the beginning? Received a lien letter? Start here.