Generally, the process of perfecting and filing a construction lien will entail one or more of the following steps. You should consult with an attorney to make sure you know which steps apply to your situation.
1
Serve a Wisconsin Notice of Lien Rights
Serve a Wisconsin Notice of Lien Rights on an Owner with a properly completed Notice of Lien Rights form. The content required within these notices and the specific timing of these types of notices are provided in Wis. Stat. § 779.02 Typically the deadline for these types of notices is either within 10, 30 or 60 days of the first date that the claimant provided labor or materials to the property (depending on the nature of the claimant and type of project).
2
Serve a Wisconsin Notice of Intent to File Lien
Serve a Wisconsin Notice of Intent to File Lien: to an owner with a properly completed Notice of Intent to File Lien form. The content required within these notices and the specific timing of this notice is also provided in Wis. Stat. Chp. 779. Typically the deadline for this notice is at least thirty (30) days prior to the filing of a lien claim, and within 5 months of the last date that the claimant provided labor or materials to the property.
3
File a Wisconsin Claim for Lien
A claimant must file an original and 2 signed, copies of a Wisconsin "Claim for Lien" form with the clerk of circuit court in the county where the property is located, at least thirty (30) days after service of the notice of intent to file claim for lien, but within, and no later than, 6 months from the date that the claimant last performed substantial work on or provided materials to the property. This form must also contain specific information as required by Chp. 779, see Wis. Stat. § 779.06-09.
4
Serve the Owner
Within and no later than, 30 days after the date that the "Claim for Lien" form was filed, the authenticated copies obtained in Step 3 must be served on the owner by one of the required methods, including personal service using a process server or sheriff, or registered or certified mail, return receipt requested.
5
Foreclose on the Lien
Within and no later than, 2 years from the date of the filing of the "Claim for Lien" form, in order to enforce the lien, a claimant must file a lawsuit to foreclose on the lien.
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