Mississippi prescribes two statutory lien waiver forms under Miss. Code § 85-7-433 — an Interim Waiver and Release Upon Payment for progress payments and a Waiver and Release Upon Final Payment for project closeout. Unlike most statutory states, Mississippi does not split forms into conditional and unconditional types. Both forms include a built-in 60-day Affidavit of Nonpayment window that serves as the protection mechanism against non-payment.
Notarization Required
Mississippi requires lien waivers to be sworn to and signed before a notary public. An unnotarized waiver is legally void regardless of the form used. Every signed Mississippi waiver must have the notary acknowledgment block completed by a commissioned notary at the time of signing.
Miss. Code § 85-7-433. Used for progress payments during the project. Must be sworn to and signed before a notary public. Subject to 60-day Affidavit of Nonpayment window.
Miss. Code § 85-7-433. Used at project completion. Must be sworn to and signed before a notary public. Subject to 60-day Affidavit of Nonpayment window.
Most statutory states provide four lien waiver forms — conditional and unconditional versions of both a progress and a final form. Mississippi takes a different approach. The statute provides two forms. Both are inherently conditional through the 60-day Affidavit of Nonpayment window: any signed waiver can be voided within 60 days if payment is not actually received.
The Interim Waiver and Release Upon Payment is used for each progress payment made during the course of a project. It covers labor performed and materials furnished through the specified through date. If the claimant does not receive payment, an Affidavit of Nonpayment filed within 60 days voids the waiver entirely.
The Waiver and Release Upon Final Payment is used at project completion. It releases all lien rights for all labor and materials furnished for the entire project through the document date. The same 60-day Affidavit of Nonpayment mechanism applies.
Both forms include a sworn statement preamble (“who, being first duly sworn, states that:”) and require a notary acknowledgment block to be completed at the time of signing. The notarization must be contemporaneous with the signature — it cannot be added after the fact.
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