The Notice may be served by any one of the following methods:
Personal Service: You may serve the Notice of Claim (“Pre-Lien Notice”/“Intent to Lien”) by personal delivery to the person entitled to receive the Notice. If you chose to personally serve the Notice, you should consider using an independent process server who can confirm under oath that the Notice was timely and properly served.
By Any Traceable Form of Delivery: Such as Federal Express, or any other third-party private carrier service who can confirm proof of receipt.
Certified Mail Return Receipt Requested: You may serve the Notice by certified mail, with return receipt requested. This is the preferred and least expensive method of service.When served by this method, the Notice is deemed served on the date post marked even if the addressee does not accept or receive the Notice (as long as you can prove the Notice was actually sent to the addressee’s last known address).
Practice Pointer: As an exception to the service rules, if a Notice is actually received by the person who is entitled to receive it, the method used to serve the Notice may be immaterial. In other words, if you failed to properly serve the Notice by one of the required service methods, but can prove it was actually received within the deadline, you should be able to establish that the Notice requirement was satisfied.
New Rule — Weekend and Holidays: Pursuant to the 2022 lien amendments, if the deadline falls on a weekend or legal holiday, then the date is now extended to the next business day.