Hello I am curious. Does my notice to lien have to be delivered within five days or only sent within 5 days?
2 replies
Oct 14, 2019
Idaho mechanics lien claimants must notify an owner of their lien filing within 5 days of filing the claim, as you mention above. However, exactly when that clock begins running appears to depend on how the notice is given.
According to § 45-507(5) of the Idaho lien statute, it must be delivered within 5 days if it's being personally served. However, if it's been mailed (by certified mail), it must merely be mailed during that 5-day timeframe.
For more background on Idaho mechanics liens and notices:
(1) Idaho Mechanics Lien Guide and FAQs(2) Idaho Preliminary Notice Guide and FAQs
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Apr 22, 2022
I believe the “mailbox rule” would determine that would it not?