How to File a Notice of Intent to Lien in Wyoming: Deadlines and Requirements | Handle

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How to File a Notice of Intent to Lien in Wyoming: Deadlines and Requirements

How to File a Notice of Intent to Lien in Wyoming: Deadlines and Requirements

November 20, 2020

Prior to filing a mechanics lien in some states, construction participants must serve a notice of intent to lien on the property owner. This notice tells the owner that if payment is not made, a mechanics lien will be recorded against the property in question. Serving this notice can prompt the property owner to release payment even before the claimant goes on to record a mechanics lien.

Delivering a notice of intent to lien is not required in most states, but it is mandatory in Wyoming. As with all lien-related documents, there are strict rules for delivering a valid Wyoming notice of intent to lien. This guide walks you through those rules and answers your basic questions about the notice of intent to lien in Wyoming.

Who must serve a notice of intent to lien in Wyoming?

All potential lien claimants must serve a valid notice of intent to lien in Wyoming before they record a mechanics lien. These claimants include general contractors, subcontractors, and material suppliers in a construction project.

When do you serve a notice of intent to lien in Wyoming?

The Wyoming notice of intent to lien must be delivered to the property owner no later than 20 days before recording a mechanics lien. The deadline for this 20-day advanced notice is strictly enforced, so be sure to serve the notice of intent to lien on time.

When do you serve a Notice of Intent to Lien in Wyoming

It is also important to take note of the deadline for filing a mechanics lien. In Wyoming, general contractors must record a mechanics lien within 150 days of the date when they last furnished services to a project, while other parties such as subcontractors and material suppliers must file a mechanics lien within 120 days of the date when they last provided labor or materials to a project.

You must serve a notice of intent to lien no later than 20 days before the applicable mechanics lien deadline elapses. Note that serving a notice of intent to lien at a later date will not extend the original deadline for filing a mechanics lien.

What happens if you fail to serve a notice of intent to lien in Wyoming?

You will not be allowed to record a valid mechanics lien in Wyoming if you do not serve a valid notice of intent to lien at least 20 days prior to the recording date. Keep this in mind so you do not miss the deadline for serving the Wyoming notice of intent to lien.

How to serve a Wyoming notice of intent to lien

How to serve a Wyoming Notice of Intent to Lien

1. Prepare the Wyoming notice of intent to lien form

When preparing your Wyoming notice of intent to lien form, be sure to gather and include the following details:

  • The name of the property owner
  • The date of serving the notice of intent
  • Your name (lien claimant)
  • The amount of the lien claim
  • The name of the party owing the amount

Note that if a property has multiple owners, you should prepare a separate notice of intent to lien form for each owner. Also note that you may add other details such as a description of the services that you delivered.

For a specific Wyoming notice of intent to lien template, you may look at the form provided under Wyoming Statutes Section 29-10-102:

CERTIFIED MAIL, RETURN RECEIPT REQUESTED

To: ____________________________
Record owner or agent of owner (note: If there is more than one (1) owner, use a form for each owner)
Date: _______________, 20___
Re: Notice of Intention to File Lien

You are hereby notified pursuant to W.S. 29-2-107 that ______________________ (hereinafter the “lien claimant”) intends to file a lien against your property.
The amount of the lien claim is $_______________. This amount is due from _______________________ (person/entity whose actions have caused a lien to be filed) pursuant to a contract with the lien claimant under which the lien claimant performed work or supplied materials for the work.
If we are unable to resolve this matter within twenty (20) days from the date of this notice, the lien claimant intends to file the lien statement asserting a lien against your property.

cc: _________________________
_________________________
_________________________

Make sure to provide all the required details as accurately as possible.

2. Deliver the Wyoming notice of intent to lien to the property owner

Serving a Wyoming notice of intent to lien on the property owner is best done via certified mail with return receipt requested.

Keep in mind that the notice of intent to lien must be served at least 20 days prior to recording a mechanics lien. You may choose to serve the notice of intent earlier so you can have enough time to prepare and file a mechanics lien. Note that the notice of intent to lien is considered served on the day that it is sent.

Also remember that serving a notice of intent is required prior to filing a Wyoming mechanics lien, so be sure to complete this step.

Best practices when serving a Wyoming notice of intent to lien

1. Serve the Wyoming notice of intent to lien early

You must serve the notice of intent to lien at least 20 days before filing a mechanics lien, but it does not mean that you should wait until the last minute to deliver this notice. It is best practice to serve the notice of intent to lien early to ensure that you have time to prepare and file the mechanics lien. Note that serving this notice late will not extend the deadline for filing the mechanics lien.

2. Serve the notice of intent via certified mail with return receipt requested

Wyoming laws are not as strict about the method for serving the notice of intent to lien to the property owner. However, the best practice is to serve the notice of intention via certified mail with return receipt requested. This way, you have proof that the notice has been received by the property owner.

3. Record a mechanics lien if payment is still not made

A notice of intent to lien can prompt a property owner to release payment just so the claimant does not push through with their plan of recording a mechanics lien. However, it is also possible for a property owner to not settle the payment debt even after receiving a notice of intent. In this case, be sure to record a Wyoming mechanics lien so you have a better chance of recovering your payment from your delinquent client.

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