Montana Mechanic's Lien Law at a Glance

Governing Statute

Mont. Code § 71-3-521 et seq. — Construction Liens

Lien Filing Deadline

You must file your lien within 90 days of the completion of the work or last day of furnishing materials. Miss this deadline and you permanently lose your lien right.

Preliminary Notice Requirement

Montana requires a Preliminary Notice of Right to Lien to be served on the property owner (subcontractors and suppliers must provide preliminary notice) within 20 days of starting work. Failure to provide this notice may void your lien right.

Key Facts

  • Filing location: county clerk and recorder's office in the county where the property is located
  • Enforcement deadline: 2 years after filing to commence foreclosure
  • Contractor license: Required for lien rights
  • Bond alternative: Property owner may bond off the lien
  • Small claims limit: $7,000

What Your Montana Demand Letter Includes

Every letter is built from Montana's actual mechanic's lien statute — not a generic template.

Exact Statute Citation

Mont. Code § 71-3-521 et seq. cited by section number. The other party sees you know the law.

Deadline Calculation

90 days from your last work date, computed automatically from your specific dates.

Notice Compliance

References your compliance with Montana's preliminary notice requirements.

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Montana Mechanic's Lien FAQ

How long do I have to file a mechanic's lien in Montana?

Under Mont. Code § 71-3-521 et seq., you have 90 days from the completion of the work or last day of furnishing materials to file a mechanic's lien. Missing this deadline permanently forfeits your lien right.

Does Montana require a preliminary notice before filing a lien?

Yes. Montana requires a Preliminary Notice of Right to Lien to be served on the property owner (subcontractors and suppliers must provide preliminary notice) within 20 days. Failure to provide this notice may void your lien right.

Where do I file a mechanic's lien in Montana?

In Montana, mechanic's liens are filed with the county clerk and recorder's office in the county where the property is located. The lien must be filed within the statutory deadline of 90 days.

How long do I have to enforce a mechanic's lien in Montana?

After filing the lien, you have 2 years to commence a foreclosure action to enforce the lien under Mont. Code § 71-3-521 et seq.. If you don't file suit within that window, the lien expires.

Can a property owner remove a mechanic's lien in Montana?

Yes. In Montana, a property owner can post a surety bond to "bond off" the mechanic's lien from the property. The lien then attaches to the bond instead of the property, allowing the owner to sell or refinance.

Do I need a lawyer to send a lien demand letter in Montana?

No. A demand letter is a formal written notice, not a lawsuit. You can send one yourself. Our tool generates a Montana-specific demand letter citing Mont. Code § 71-3-521 et seq. so the other party knows you understand your rights and the applicable deadlines.

Mechanic's Lien Demand Letters by State

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