Mississippi Lien Waiver Deadline Calculator, the Sixty Day Clock
Mississippi deems the amount on a signed waiver paid in full sixty days later, whether or not the money ever arrived, unless you file an affidavit of nonpayment first. Put in how many days ago you signed and this gives you what is left, the day to file by, and the two day mailing duty that comes after filing.
Worked example
These are the figures the calculator opens with and the answer it gives. Change anything above and every number below moves with it.
- Days since you signed the waiver12 days
- Amount written on the waiver18500 $
- Days of slack you want before the deadline5 days
Days left to file the affidavit48 days
Filing the affidavit does not extend anything else. Section 85-7-419(5)(d) says nothing in the section shortens the time to file a claim of lien, which means your lien deadline is a separate date and still has to be tracked.
| Deadline | day 60counted from the date written on the waiver |
|---|---|
| Days elapsed | 12 days |
| Days remaining | 48 |
| File it by | day 5543 days from now, keeping 5 in hand for the county |
| Copy to the owner | within 2 days of filingregistered or certified mail, or statutory overnight delivery |
| Amount at risk | $18,500.00deemed paid in full on day 60 unless you file |
What this calculator assumes
- The sixty days run from the date written on the waiver, not from the invoice, not from the last day you worked, and not from the day the payment was promised.
- Filing means filing the affidavit of nonpayment in the county where the property is located. Sending it to the general contractor is not filing.
- Within two days of filing, the affidavit has to go to the owner by registered or certified mail or statutory overnight delivery. Both acts are part of the same deadline.
- This is Mississippi only. Everywhere else a conditional waiver stays conditional until the money lands.
Why this clock exists and no other state has one
Everywhere else, a conditional waiver stays conditional until the money lands. Mississippi puts an expiry date on the question. Miss. Code section 85-7-419(5)(b) says amounts are conclusively deemed paid in full on the earliest of three events: actual receipt of the funds, a separate written acknowledgment of payment in full, or sixty days after the date you executed the waiver.
The third one fires on its own. Nobody has to do anything, nobody has to pay anything, and the calendar records the debt as satisfied. Conclusively, not presumably.
That is why the date you sign is a deadline rather than a memory. The statute prints the warning in block capitals on the face of both statutory waiver forms, so it is not hidden, but it is easy to sign past.
What stops the clock
An affidavit of nonpayment, filed in the county where the property is located, before the sixtieth day. The form is printed in section 85-7-433(3) and section 85-7-419(5)(f) lets you fill it in from the information already written on the waiver, so it is a copying job rather than an investigation.
Then, within two days of filing, a copy goes to the owner by registered or certified mail or statutory overnight delivery. Where the owner is an entity on file with the Secretary of State, sending it to the company address or the registered agent address on file is deemed sufficient. Two acts, one deadline.
Once it is filed, section 85-7-419(5)(e) suspends the waiver until payment in full is actually received. If the money then turns up, subsection (5)(c) asks you to execute a recordable affidavit saying so, which voids the affidavit of nonpayment when it is recorded in the same county.
Two things people get wrong about the sixty days
It does not run from the invoice, the last day you worked, or the day payment was promised. It runs from the date written on the waiver you signed.
It does not shorten your lien deadline, and filing the affidavit does not extend it. Section 85-7-419(5)(d) says nothing in the section shortens the time within which to file a claim of lien. Two separate dates, both tracked separately.
Questions people ask
How long do I have to file a Mississippi affidavit of nonpayment?
Before the sixtieth day after you executed the waiver. Miss. Code section 85-7-419(5)(b)(iii) deems the amount conclusively paid in full on day sixty unless the affidavit is filed in the county where the property sits before then.
Does the Mississippi sixty day clock run even if I was not paid?
Yes, and that is the point of it. The statute deems the amount paid in full whether or not you actually received the payment. The block capital notice printed on both statutory waiver forms says exactly that.
What do I do after filing the affidavit of nonpayment?
Send a copy to the owner within two days of filing, by registered or certified mail or statutory overnight delivery. The requirement is printed on the face of the affidavit form itself.
Does filing the affidavit extend my Mississippi lien deadline?
No. Section 85-7-419(5)(d) says nothing in the section shortens the time within which to file a claim of lien, and nothing in it lengthens that time either. The waiver clock and the lien deadline are separate.
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