A Lien On Your House
S.C. Code 29-5-90 and S.C. Code 29-5-120 — a statement within ninety days, a suit within six months
Ninety days. A mechanics' lien is dissolved unless, within ninety days after the claimant stops working on or furnishing labor or materials for the building, the claimant serves on the owner, or on the person in possession if the owner cannot be found, and files with the register of deeds or clerk of court, a sworn statement of the amount due with a description of the property.
Six months. Unless a suit to enforce the lien is started, and notice of pendency of the action filed, within six months after the claimant stops working or furnishing materials, the lien is dissolved.
A lien and its bonds may be released by court order, or by an affidavit of the bond holder's attorney or the defendant's attorney stating that six months have passed with no suit or notice of pendency filed, or that the claimant failed to take another timely step the chapter requires.
Where neither the owner nor the person in possession can be found after a diligent search, verified by the sheriff's affidavit, the lien may be preserved by filing the statement with the affidavit. Who may claim a lien and its priority are set out in the chapter. A particular lien is a question for a licensed South Carolina attorney.
Sources for this section (2)
- S.C. Code 29-5-90 — Dissolution of lien for failure to serve and file statement
- S.C. Code 29-5-120 — Time for bringing suit to enforce lien
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.