Tag: Mississippi

  • Mississippi Stop Notice Statute Unconstitutional? Changes May be Coming.

    Mississippi Stop Notice Statute Unconstitutional? Changes May be Coming.

    The laws, rules, and regulations surrounding mechanics liens and notices are constantly fluctuating. More often than not, these changes are more modest in nature rather than broad and sweeping changes to the law. While significant in effect, something like a new requirement that a notice be sent to the general contractor and property owner rather…

  • Shocker: Mississippi Stop Notice Statute Declared Unconstitutional

    Shocker: Mississippi Stop Notice Statute Declared Unconstitutional

    The headline here might be a little bit premature for two reasons: (1) The subject decision has been appealed; and (2) The decision is in federal court, and thus, is not binding to state courts in Mississippi.  Nevertheless, the shot has been fired, and there is now standing case law in Mississippi declaring its stop payment…

  • Mississippi Lien Law: Allows Filing in County Court & Clarifies Statutory Period

    Mississippi Lien Law: Allows Filing in County Court & Clarifies Statutory Period

    Mississippi Governor Barbour just signed Senate Bill 2363 into law, which makes small amendments the Mississippi mechanic liens laws; specifically M.S. § 85-7-141. Filing Allowed in County Court Every state’s court system has levels of trial courts with varying jurisdiction. In Mississippi, there are county courts with concurrent jurisdiction “in all matters of law and…

  • ALERT:  Mississippi Alters Lien Law to Welcome Rental Industry

    ALERT: Mississippi Alters Lien Law to Welcome Rental Industry

    The Mississippi lien statutes haven’t been significantly changed since 1918.   As change is the only constant in this world, on March 17, 2010, Mississippi Governor Haley Barbour signed SB 2800 into law, amending the lien laws to include rental and lease equipment and suppliers as a class of parties protected by the state’s statutory lien…