To file a Montana mechanics lien, send the property owner a Notice of Right to Claim a Lien within 20 days of first furnishing labor or materials, complete the statutory lien statement with the required information, serve every owner of record, and record the signed statement with the county clerk and recorder in the county where the property sits — all within 90 days of your last day of work. The Montana mechanics lien form itself is a one-page document that tracks the template in MCA 71-3-536, and the sequence of steps around it matters as much as the form.
Send the Preliminary Notice First
If you did not contract directly with the property owner, Montana requires you to send a Notice of Right to Claim a Lien before you can file any lien. This covers subcontractors, suppliers, and most other down-chain claimants. Original contractors hired by the owner are exempt from this step.1Montana State Legislature. Montana Code 71-3-531 – Notice of Right to Claim Lien Required — Exceptions
Deliver the notice to the owner within 20 days after you first furnish services or materials. Then file a copy, signed by you or an authorized representative, with the county clerk and recorder within five business days of giving the owner notice. A late notice is not fatal, but it caps your lien at work performed within the 20 days before the notice actually reached the owner.
One wrinkle on timing: when a regulated lender funds the project, the owner notice deadline stretches from 20 days to 45 days. That extension does not apply to owner-occupied residences, which stay on the 20-day clock no matter how the project is financed.
What the Lien Statement Must Contain
The lien form follows the statutory template in MCA 71-3-536.2Montana Code Annotated. Montana Code 71-3-536 – Content of Lien Notice Blank copies are available through the county clerk’s office or legal document providers. MCA 71-3-535 lists the information the statement must include:3Montana Code Annotated. Montana Code 71-3-535 – Attachment of Lien — Filing
- Your full legal name and mailing address as the claimant.
- A legal description of the property sufficient to identify it. A street address alone is not enough; pull the legal description from the deed or the county assessor’s records.
- The name of the contracting owner.
- The name and address of the hiring party, which may be the owner or a general contractor.
- A plain summary of the services or materials you provided.
- The unpaid dollar amount. If the contract did not fix a specific price, state a good-faith estimate and label it as such.
- The dates you first and last furnished services or materials.
- A statement that you gave the owner a Notice of Right to Claim a Lien, or an explanation of why you were not required to.
Sign the statement. Montana does not require notarization — your signature, or that of someone authorized to sign for you, is enough. Keep your invoices, contracts, and delivery receipts in a folder with the lien paperwork. If the claim is challenged later, those records will back up the numbers on the form.
File Within 90 Days of Your Last Day of Work
The lien must be recorded no later than 90 days after you last furnished services or materials to the project. Payment negotiations, informal promises, and partial payments do not pause the clock. Miss the deadline and the lien right is gone; there is no late-filing workaround.
Your “last day” needs to reflect genuine work. Minor punch-list fixes or a warranty callback staged to reset the clock will not count. Note your final substantive site visit on the day it happens so you know exactly when the window opens and when it closes.
If the Owner Files a Notice of Completion
An owner can shorten the window by filing a Notice of Completion. Under MCA 71-3-533, the owner may file this notice after accepting the work in writing or after labor has stopped for 30 consecutive days.4Montana State Legislature. Montana Code 71-3-533 – Notice of Completion The notice must identify the completion or cessation date, the owner’s name and address, a legal property description, and the contractor’s name. The owner must verify it, file it with the county clerk, publish it weekly for three consecutive weeks in a local newspaper, and send a copy to anyone who already delivered a Notice of Right to Claim a Lien.
When a Notice of Completion is filed, the 90-day clock runs from that filing date instead of from your last day of work. If you are still negotiating informally, watch the county records so a filed notice does not catch you off guard.
Serve the Owner, Then Record With the County
Sequence matters, and this is where claimants slip up: serve the owner before you file. The county clerk will not accept the lien unless you include a certification that you have already served a copy on every owner of record.5Montana Code Annotated. Montana Code 71-3-534 – Filing with County Clerk — Notification of Owner
Service can be done two ways: personal delivery to each owner, or certified mail with return receipt requested to each owner’s last-known address. Your certification to the clerk must state which method you used. Once service is complete, take the signed lien statement and the certification to the county clerk and recorder’s office in the county where the property is located.
Recording fees are set by statute: $20 for the first page and $10 for each additional page, with a $10 surcharge if the document does not meet the county’s formatting requirements.6Montana Code Annotated. Montana Code 7-4-2637 – Fees for Recording Documents — Rulemaking Most single-page liens record for $20. Confirm accepted payment methods with your county’s office before you go.
What Happens After You File
Recording the lien secures your claim against the property. It does not force payment. If the owner does not pay, you have to file a foreclosure lawsuit in district court within the statutory limitation period for lien foreclosure.7Montana State Legislature. Montana Code 71-3-553 – Action Upon Bond — Period of Limitation Same Miss that window and the lien expires regardless of how much you are owed.
The owner (or the original contractor, or any subcontractor) can remove the lien from the property by posting a surety bond equal to one and a half times the lien amount under MCA 71-3-551.8Montana State Legislature. Montana Code 71-3-551 – Substitution of Bond Allowed — Filing — Amount — Condition The lien then transfers from the property to the bond, which pays out your judgment, interest, costs, and fees up to the bond amount if you win.
One last point before you file. Montana shifts attorney fees to the prevailing party in a lien enforcement action, at both the trial and appellate levels.9Montana Legislature. Montana Code 28-2-2105 – Prevailing Party Entitled to Costs and Attorney Fees That rule cuts both ways. If you file a lien without a solid basis and the owner wins, you can be ordered to pay the owner’s legal bills. Make sure the debt is real, your documentation is clean, and the notice and filing deadlines are met before the form goes to the county.