New Hampshire Mechanic's Lien Template

Filing Deadline

Lien must be PERFECTED within 120 days of last furnishing labor/materials by (a) filing an ex parte Petition to Attach in NH Superior Court AND (b) recording the court-issued writ of attachment at the county Registry of Deeds. The 120-day clock is not satisfied by recording alone — both court approval and recording must occur within the window (though filing the suit tolls the deadline as litigation proceeds). For state/public works, the deadline is 90 days after project completion and acceptance.

Clock starts: Last day labor was performed or last day materials were furnished to the project (not the contract date, not the invoice date). Punch-list/warranty work generally does NOT restart the clock.

Where to Record

TWO-STEP PROCESS (this is what makes NH unusual): (1) FILE the ex parte Petition for Attachment with the NH Superior Court for the county where the property is located. (2) Once the court grants the order/writ, RECORD the writ of attachment at the county Registry of Deeds for the county where the property sits. For the largest county (Hillsborough), that is the Hillsborough County Registry of Deeds, 19 Temple Street, P.O. Box 370, Nashua, NH 03061-0370 (Nashua office; there is also a Manchester satellite). Recording fee paid to the registry; court filing fee paid to the Superior Court. Both must be completed within the 120-day perfection window.

Notarization

Conditional — see state rule.

The mechanic's lien statute itself (RSA 447) does NOT require notarization. However, the underlying ex parte petition must be VERIFIED — sworn to before a notary or court officer — under NH Superior C

Service Requirement

After the Superior Court issues the order/writ of attachment, the property owner (and any other named defendants such as the GC) must be SERVED with the petition, court order, and writ by a NH sheriff or licensed process server — personal in-hand or abode service per NH Superior Court Rules. Mere certified mail is NOT sufficient. The sheriff's return of service is filed with the court. Recording the writ at the Registry of Deeds is a separate step from service on the owner — both are required to fully perfect and preserve priority.