StatutoryDesk / State Statutory Rules / Mississippi Statutory Lien Waiver Rules (Miss. Code § 85-7-419) & 60-Day Clock
Mississippi Statutory Lien Waiver Rules (Miss. Code § 85-7-419) & 60-Day Clock
What are the statutory lien waiver rules in Mississippi?
Mississippi Code § 85-7-419 (modeled directly on Georgia's statute) requires Interim and Final Lien Waivers in at least 12-point font. A signed Mississippi waiver automatically becomes unconditional after 60 days even if unpaid, unless the claimant files an Affidavit of Nonpayment in Chancery Court.
Mississippi adopted Georgia's lien waiver architecture almost word-for-word in Miss. Code § 85-7-419, with one critical difference: instead of Georgia's 90-day rescue window, Mississippi gives you only 60 days to file an Affidavit of Nonpayment.
Statutory rules at a glance in Mississippi
| Rule | Statutory Requirement |
|---|---|
| Governing statute | Mississippi Code Annotated § 85-7-419 |
| Mandatory forms | Interim Waiver and Release Upon Payment, Waiver and Release Upon Final Payment, and Affidavit of Nonpayment |
| Font & notice rule | At least 12-point font with mandatory statutory NOTICE block |
| Notary / Witness rule | Witness signature required on waivers; Notary required on the Affidavit of Nonpayment. |
| Unpaid / Conditional clock | 60 days from the date stated on the waiver. Must record Affidavit of Nonpayment in the Chancery Clerk's office within 60 days if unpaid. |
Workers' Comp audit rule for subcontractors in Mississippi
Under Miss. Code § 71-3-7, a general contractor is liable for Workers' Compensation coverage of any subcontractor's employees unless the subcontractor maintains an active Workers' Comp policy.
Generate your Mississippi statutory lien waiver free
The free StatutoryDesk 12-State Lien Waiver Generator prepares the Mississippi statutory form (Mississippi Code Annotated § 85-7-419) in your browser with the required font size and notice block enforced, plus our Subcontractor ACORD 25 Workers' Comp Audit Checker to verify sub certificates before releasing a check.
Questions
Does Mississippi require a specific statutory lien waiver form?
Yes. Under Mississippi Code Annotated § 85-7-419, Mississippi requires: Interim Waiver and Release Upon Payment, Waiver and Release Upon Final Payment, and Affidavit of Nonpayment.
Do lien waivers need to be notarized in Mississippi?
Witness signature required on waivers; Notary required on the Affidavit of Nonpayment.
What happens if a subcontractor has no Workers' Comp in Mississippi?
Under Miss. Code § 71-3-7, a general contractor is liable for Workers' Compensation coverage of any subcontractor's employees unless the subcontractor maintains an active Workers' Comp policy.