[MT] [MT] How do I file a construction lien?
I need to file a construction lien in Bozeman, Montana, 59718, and I have filed the “Notice of Claim to File a Lien” but am unsure on the process moving forward. It was suggested to me to seek legal advice. So far, I have filed the Notice with the county recorder, given the notice to the general manager of the property (private apartment complex near college) to pass along, and I need to wait 5 days until I can file the lien. I would like to attach my Notice that has already been filed to make sure things look okay, and to confirm what I need to prepare to file the actual lien. Thank you.
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I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask, because this law stuff can get complicated.
The short answer? You’re on the right track, but there are a few key steps left. You need to ensure proper service of the lien notice on all required parties and file the lien within the strict statutory deadline. Also, your actual lien claim must meet very specific formatting and content requirements under Montana law to be enforceable.
Here’s the long answer:
Filing the “Notice of Claim to File a Lien” with the county and giving it to the general manager is good, but Montana law requires that this notice be served on the owner (or reputed owner), which can include the receiver if one has been appointed. Serving it personally is not enough unless you have proof like certified mail with a return receipt or an affidavit of service from someone else. This could become a problem later if it’s challenged.
You must wait at least 5 days after serving the Notice of Claim to File a Lien before you record the actual construction lien. But you also must file the lien within 90 days after the work was completed or abandoned, so make sure you're still within that deadline. Since the work was done in March 2025, time may already be tight or expired depending on the exact date.
You need to be very careful about the formatting and legal description. If you're unsure, it’s worth having a real estate attorney glance at the form before you record it.
Bonus tip:
Once the lien is filed, you’ll also need to serve a copy of it on the owner within 10 days of recording it. If the property sells or changes hands, your rights may be cut off if you didn’t strictly follow service rules.
Does that help clarify things? I want to make sure I didn’t leave anything out.
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Full Conversation
I need to file a construction lien in Bozeman, Montana, 59718, and I have filed the “Notice of Claim to File a Lien” but am unsure on the process moving forward. It was suggested to me to seek legal advice. So far, I have filed the Notice with the county recorder, given the notice to the general manager of the property (private apartment complex near college) to pass along, and I need to wait 5 days until I can file the lien. I would like to attach my Notice that has already been filed to make sure things look okay, and to confirm what I need to prepare to file the actual lien. Thank you.
Lexi, Chatbot
I understand that navigating the construction lien process can be quite challenging. Have you already gathered all the necessary documentation related to your work on the property?
Yes, I have an approved estimate on QuickBooks that includes a $2,000 deposit that was paid by the management. I have photos and videos of the work being done (before and after), and I have texts between the former manager and myself showing intent to hire me for the work.
Lexi, Chatbot
Are there any specific deadlines or timeframes you are concerned about regarding the filing of the actual lien?
I don’t know.
Lexi, Chatbot
Is there anything else the real estate lawyer should know before I connect you? Rest assured, they’ll be able to help with your construction lien filing.
Yes
Legal Eagle
Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I am more than happy to help you with your situation! Have you documented the specific amount you are claiming in the lien, including the original contract price, any approved change orders, and any payments already received?
Yes to all. In my filing I filed the “Notice of Claim to File a Lien,” stating that $1,000 is still owed, and I included a copy of the invoice showing the $3,000 total for the job. Also included was the payment record for the $2,000 deposit required on this job, for a total of three sheets filed.
Legal Eagle
Okay, thanks! Just a few more questions. Do you have proof of service for the Notice of Claim to File a Lien on all required parties, beyond just giving it to the general manager?
The work was done in March 2025, and the management promptly departed after, without giving notice that my invoice reminders were being sent to an abandoned email. Once I became aware, I made contact with new management who informed me the property has gone into receivership, and the new company is not interested in honoring old debts. But the property has not sold.
Legal Eagle
Understood! So you're just wondering what you need to do here, correct?
Sorry, I did not see your question just before. How would you define proof of service to all parties?
Legal Eagle
Sure thing! That’s when you have a third party serve the document and have them file a sworn statement that this is what they did.
I did not. I served the notice myself to the manager.
Legal Eagle
Okay! Did you need to tell me anything else? If not, I can start with answering your question.
I am the sole registered agent for my business, if that helps.
I think that’s it. I just want to make sure the actual lien form is proper.
Legal Eagle
Okay! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long, okay?
No problem, I’ll keep this tab open!
Legal Eagle
I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask, because this law stuff can get complicated.
The short answer? You’re on the right track, but there are a few key steps left. You need to ensure proper service of the lien notice on all required parties and file the lien within the strict statutory deadline. Also, your actual lien claim must meet very specific formatting and content requirements under Montana law to be enforceable.
Here’s the long answer:
Filing the “Notice of Claim to File a Lien” with the county and giving it to the general manager is good, but Montana law requires that this notice be served on the owner (or reputed owner), which can include the receiver if one has been appointed. Serving it personally is not enough unless you have proof like certified mail with a return receipt or an affidavit of service from someone else. This could become a problem later if it’s challenged.
You must wait at least 5 days after serving the Notice of Claim to File a Lien before you record the actual construction lien. But you also must file the lien within 90 days after the work was completed or abandoned, so make sure you're still within that deadline. Since the work was done in March 2025, time may already be tight or expired depending on the exact date.
You need to be very careful about the formatting and legal description. If you're unsure, it’s worth having a real estate attorney glance at the form before you record it.
Bonus tip:
Once the lien is filed, you’ll also need to serve a copy of it on the owner within 10 days of recording it. If the property sells or changes hands, your rights may be cut off if you didn’t strictly follow service rules.
Does that help clarify things? I want to make sure I didn’t leave anything out.
Would emailing the notice to the owners be sufficient?
They are out of state and insulated.
Legal Eagle
Email alone likely won't be enough under Montana lien law, which generally requires personal service, certified mail with return receipt, or another method that creates verifiable proof. If the owners are out of state and unreachable, you may need to serve through certified mail to their last known business address or registered agent. Without proper service, your lien could be challenged and possibly invalidated.
That helps a lot, thank you!
Legal Eagle
For sure! Did I thoroughly address your question? Did I provide top-tier service to you? If the answer is no to either, please let me know so I can help!
Yes, but one last thing — the owners need to be served the Claim to File and they need to be served with the actual lien as well? Just want to be sure.
Legal Eagle
Yes, that's correct — Montana law requires you to serve the Notice of Claim to File a Lien before recording the lien. After recording, you must serve the actual lien within 10 days. Both documents must be served on the property owner or reputed owner, not just the property manager. Proper service is essential to preserve and enforce the lien later.
That is very helpful, thank you!
I’m all set.
Legal Eagle
Thank you so much for contacting us! We're happy to help whenever you need it.
Legal Eagle
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