May 25, 2017

Filing of County, Federal, Mechanic’s, State Liens

There are several types of liens that the law allows the county to file in the Register of Deeds office.  Those liens are care of poor, mental health liens, court appointed attorney and ambulance.  These liens as a matter of law attach to any property that some one may own at the time the lien is taken against them or acquires after the lien was filed.
Federal and State Tax Liens:
The State and Federal Governments file several liens for all different kinds of non-payment of taxes, such as income tax, payroll taxes, sales tax, unemployment insurance tax, excise tax etc.These liens are computerized in an alphabetical index by the name of the debtor.  You may search this index on our computer system at the courthouse yourself or obtain a lien search from us for a fee of $20.00 per name searched plus $1.00 per document for copies if requested.  If you want us to search Federal and State Tax Liens there is a Form that needs to be filled out.  If you want any information concerning Federal Tax Liens over the phone we can give you that information verbally.  There is a $15.00 search fee per person for any information communicated to you verbally
Mechanic’s Liens:
Mechanic’s and Materialmen’s Liens may be filed pursuant to SDCL 44-9 and all applicable subdivisions.  We do not have forms for these liens to be filed in our office.  Unfortunately, this is not a process that is so easily accomplished that an individual is assured of doing it correctly without the assistance of an attorney.The fee for filing a Mechanic’s lien is $10.00 no matter how many pages the lien is and to file a satisfaction of the Mechanic’s lien, there is no fee.  Be sure to attach the appropriate certified postage receipts officially stamped by the post office to the mechanic’s lien form along with a statement of the work performed.  The mechanic’s lien must be verified by the claimant as well as acknowledged in front of a notary.  This usually requires the claimant signing the document twice.  There are filing deadlines in order to make these liens valid.  You will need to check with your attorney to find these dates out as they may vary depending on your circumstances and whether a “Notice of Commencement” has been filed.

 

If you do not have an attorney, the South Dakota Bar Association maintains a list.  They can be reached at 222 East Capitol Avenue, Pierre, South Dakota.  Telephone No: 605-224-7554 or in state watts line of 1-800-952-2333.

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