Mississippi lien waiver requirements

Mississippi prescribes statutory lien waiver forms in Miss. Code §85-7-433, requires waivers to substantially follow them, and is one of only three states that require waivers to be notarized. It also has a time trap: a waiver is conditional for 60 days, then becomes unconditional.

This guide covers Mississippi’s forms, the notary requirement, and the 60-day conversion. It is general information, not legal advice — confirm specifics with a Mississippi construction attorney.

Mississippi at a glance

Mandatory statutory form

Yes — must substantially follow the §85-7-433 forms

Governing lien law

Mississippi Code §85-7-433

Notarization

Required — must be sworn and signed before a notary

The 60-day rule

Conditional for 60 days, then becomes unconditional

Electronic signatures

Recognized under Mississippi’s UETA (Miss. Code §75-12-1 et seq.)

How ClearLien handles Mississippi waivers

ClearLien automates the waiver loop for general contractors on QuickBooks Online: pay a subcontractor’s bill and the waiver is drafted from the payment, sent for no-account signing on any phone, and stored with a full audit trail — with retainage carved out. Minnesota’s form is live today and Mississippi’s statutory forms are on the roadmap — start free and you’ll be ready the moment Mississippi support goes live.

Mississippi lien waiver FAQs

Does Mississippi require a specific lien waiver form?

Yes. Under Miss. Code §85-7-433, waivers must substantially follow the statutory forms, and advance waivers (signed before furnishing labor or materials) are void.

Do Mississippi lien waivers have to be notarized?

Yes. Mississippi is one of only three states (with Texas and Wyoming) that require lien waivers to be sworn and signed before a notary to be effective.

What is Mississippi’s 60-day rule?

A Mississippi waiver is conditional for 60 days after signing; once that period passes it becomes unconditional — effective whether or not you were paid. Track payment closely within that window.

Are electronic signatures valid in Mississippi?

Mississippi recognizes electronic signatures under UETA and the federal ESIGN Act; but because Mississippi requires notarization, confirm your notarization approach (including any remote online notarization) with counsel.

Does ClearLien support Mississippi?

ClearLien automates the lien-waiver loop for general contractors on QuickBooks Online — pay a bill and the waiver is drafted, sent for no-account signing, and stored with an audit trail. Note that Mississippi also requires notarization, a separate step. Minnesota’s form is live today and Mississippi is on the roadmap; start free and you’ll be ready the moment Mississippi support goes live.