A Lien is a claim, encumbrance, or charge on property for payment of some debt, obligation or duty. Most liens are filed in Room C-153 of the Civil Division at the Waukesha County Courthouse (see list below).
General information on Lien processes is covered in §779 of Wisconsin Statutes and can be accessed here.
Information on condominium liens is covered in §703 of Wisconsin Statutes and can be accessed here.
Plaintiff: The plaintiff is the person or company filing the claim for lien (also referred to as lien claimant or creditor)
Defendant: The defendant is the person the claim is being filed against (also referred to as the debtor)
Types of liens filed in the Civil Division may include the following:
- Construction Lien
- Condominium Lien
- Hospital Lien
- Wage Earner Lien
- Agricultural Deficiency Judgment/Lien
- Log Lien
- Mining Lien
- Maintenance Lien
The fee to file a lien can be found here.
Some of the more common lien forms are:
- Claim for Lien (there are several different claim forms depending on the type of lien being filed)
- Notice of Intention
- Statement of Condominium Lien
- Prime Contractor’s Claim for Lien
- Subcontractor’s Claim for Lien
- Notice of Wage Lien
Lien forms can be purchased at an office supply store or you may draft your own. Some forms are also available for download from the State Bar of Wisconsin.
Instructions for Filing a Lien
The lien must be filed in the county where the work was done or services performed. The lien and any accompanying documents must be filed within a specified timeframe per Wisconsin Statutes. That time frame varies depending on the type of lien being filed. It is best to check the statutes for more detailed information regarding the type of lien being filed. Liens will need to be served on the other party, and proof of service on the debtor must be filed with the Clerk of Court at the time the lien is filed.
Examples of proof of service include:
- Affidavit of mailing
- Certified mail receipt
Each newly filed claim will be assigned a lien case number.
Once the lien claimant files the claim, he/she may view it here by searching on the claimant’s name and selecting Waukesha County.
Note: If you need additional information regarding liens, or more details on a specific type of lien, you may refer to § 779 and §703 of the Wisconsin Statutes or contact an attorney.