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Lien waivers by state · Mississippi

Mississippi lien waiver requirements

Mississippi is a statutory-form state

Mississippi is a statutory-form state: lien waivers and releases must substantially follow the forms prescribed in Miss. Code Ann. § 85-7-433 (Interim Waiver and Release Upon Payment, and Waiver and Release Upon Final Payment). The statutory forms must be sworn to and signed before a notary public, and must include mandatory notice language warning that the signer is conclusively deemed paid 60 days after the stated date unless an affidavit of nonpayment or claim of lien is filed. A form that deviates materially from the statute, or that omits the required notice, can be rendered unenforceable as a waiver.

Statute: Miss. Code Ann. §§ 85-7-419 and 85-7-433 (lien waiver/release provisions and statutory forms); filing deadline at § 85-7-405

Mississippi lien waiver forms

The four standard waiver-and-release types and Mississippi’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: The statutory waiver forms in § 85-7-433 contain a notary acknowledgment ("SWORN TO AND SUBSCRIBED BEFORE ME") and multiple sources confirm a Mississippi lien waiver must be sworn to and signed before a notary public to be effective.
Mandatory statutory language: Waivers must substantially follow the statutory forms in § 85-7-433 and must include the mandatory 60-day notice language: when executed, the signer is conclusively deemed to have been paid in full 60 days after the stated date even if not actually paid, unless an affidavit of nonpayment or claim of lien is filed before the 60-day period expires. Omitting this notice renders the form unenforceable as a waiver and release under § 85-7-419.
Electronic signatures accepted

Key Mississippi deadlines

Preliminary / pre-lien notice: Not required for general contractors or for subcontractors with a direct contract on private commercial projects. Sub-subcontractors (no direct contract with the GC) must give the contractor written notice within 30 days of first furnishing labor/materials (Miss. Code Ann. § 85-7-407(2)) or forfeit lien rights. (A 10-day Pre-Lien Notice to Owner applies only to single-family residential projects under § 85-7-409.)
Notice of intent to lien: Not required on private commercial projects.
Mechanics lien filing deadline: Within 90 days after the claimant's last day of furnishing labor, services, or materials; the claim of lien is filed with the chancery court clerk in the county where the property is located (Miss. Code Ann. § 85-7-405(1)(b)). An enforcement suit must then be commenced within 180 days under § 85-7-423.

Mississippi lien waiver FAQ

Does Mississippi require a specific lien waiver form?

Yes. Mississippi is a statutory-form state. Lien waivers and releases must substantially follow the forms prescribed in Miss. Code Ann. § 85-7-433 (interim waiver upon payment and waiver upon final payment), including the mandatory 60-day deemed-paid notice language; material deviations or omitting the notice can make the waiver unenforceable.

Do lien waivers need to be notarized in Mississippi?

Yes. Mississippi lien waivers must be sworn to and signed before a notary public to be effective. The statutory forms themselves include a notary acknowledgment block ('Sworn to and subscribed before me').

Can lien waivers be signed electronically in Mississippi?

No — not remotely. Mississippi recognizes electronic signatures and even allows in-person electronic notarization, but the signer must physically appear before the notary (Miss. Code § 25-34-15), and Mississippi has not adopted Remote Online Notarization. Because the statutory waiver forms must be sworn before a notary (Miss. Code § 85-7-433), a lien waiver cannot be completed end-to-end online.

What is the deadline to file a mechanics lien in Mississippi?

Within 90 days after the claimant's last day furnishing labor, services, or materials, by filing a claim of lien with the chancery court clerk in the county where the property sits (Miss. Code Ann. § 85-7-405(1)(b)). A lawsuit to enforce the lien must then be filed within 180 days (§ 85-7-423).