Montana Mechanics Lien Laws
Notarization required. 90 days from last work. 2 years to enforce after filing.
Key Facts
Step-by-step guide for Montana
- 1
Confirm your lien rights
Verify you hold a valid contract, are properly licensed (if Montana requires it), and that the work was on private property. Public projects require a payment bond claim, not a lien.
- 2
Preliminary notice (not required in this state)
Montana does not require a preliminary pre-lien notice for most claimants, though some project types may have additional requirements. Sending a courtesy notice is still good practice.
- 3
Track your deadline from last day of work
Your lien must be recorded within 90 days of your last furnishing of labor or materials. Mark the calendar the day you finish work — this clock does not stop.
- 4
Prepare the lien document
Your lien claim must include: claimant name and address, property owner name, property description (legal description or address), amount claimed, description of labor/materials, and dates of first and last furnishing.
- 5
Notarize the lien (required in this state)
Montana requires the lien to be notarized before recording. Use an in-person notary or an online notarization service.
- 6
File with the County Clerk and Recorder
Record your lien with the County Clerk and Recorder in the county where the property is located. Filing fee is typically $7–$20. Request a file-stamped copy for your records.
- 7
Serve a copy on the property owner
Most states require you to mail or personally serve a copy of the filed lien on the property owner within a short window of recording. Check Montana rules for exact timing and method of service.
- 8
Enforce by month 24
If the debt remains unpaid, you must file a lawsuit to foreclose on the lien within 24 months of recording. If you miss this deadline, the lien expires and the cloud on title is removed without payment.