Handy Andy of Eastman Inc. v. Evans

Strict compliance with O.C.G.A. § 44-14-367's notice language is required.

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Handy Andy of Eastman, Inc. appeals the trial court’s grant of summary judgment to L. C. Buster Evans, Neal S. Patton, Max Beasley, Tony Beasley, Joanne Thompson, Lee A. Thompson, Lannie W. Et Hamsley, Cynthia Rena Britt, Todd A. Belflower & Kelly Belflower, and Derek L. Childs Property, LLC “Appellees”, in their action to remove liens filed by Handy Andy on their respective properties and to quiet title. Because we find that Handy Andy failed to comply with the statutory requirements for filing such liens, we affirm. M & M Construction “M & M” purchased building materials and supplies from Handy Andy pursuant to an open account agreement for the construction, building and improvement of the Appellees’ respective properties. M & M, however, failed to pay Handy Andy for these materials and supplies. And in December 2009, Handy Andy recorded mechanic’s and materialman’s claims of lien on each of the Appellees’ properties.

Under OCGA § § 44-14-361.1 a 3 and 44-14-367, a lien claimant has 365 days from the date of filing of the claim of lien to commence a lien action, and the failure to do so renders the claim of lien unenforceable. And pursuant to OCGA § 44-14-361.1 a 3, a lien claimant must file notice of the commencement of the lien action within 30 days after commencing such an action, or the lien becomes unenforceable.1 See also OCGA § 44-14-367. Accordingly, OCGA § 44-14-367 provides that “a claim of lien may be disregarded if no notice of commencement of lien action was filed within 395 days from the date the claim of lien was filed.” And the statute requires that any lien filed after March 31, 2009, must contain the following notice in at least 12-point bold font: “This claim of lien expires and is void 395 days from the date of filing of the claim of lien if no notice of commencement of lien action is filed in that time period.” OCGA § 44-14-367. The failure to include this required language “shall invalidate the lien and prevent it from be filed. No release or voiding of such liens shall be required.” Id.

Handy Andy of Eastman Inc. v. Evans

Strict compliance with O.C.G.A. § 44-14-367's notice language is required.

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