Mississippi law (Miss. Code § 85-7-433) prescribes two forms, reproduced here word for word: an interim waiver and a final waiver. Both must be sworn before a notary public, and both carry the mandatory 60-day notice. Pick your situation:
One question. Is this the final payment on the project? Use the Waiver and Release Upon Final Payment (§ 85-7-433(2)). For any other payment, use the Interim Waiver and Release Upon Payment (§ 85-7-433(1)) — it releases your rights only through the date you write on the form, and excepts retained amounts. In Mississippi, signing is not the end of the story: you must swear the form before a notary, and the waiver becomes conclusive 60 days after its stated date unless you file an affidavit of nonpayment or a claim of lien.
Mississippi Code § 85-7-433 prescribes two waiver forms: the Interim Waiver and Release Upon Payment (subsection (1)), used for progress payments, and the Waiver and Release Upon Final Payment (subsection (2)). Both are referred to in Section 85-7-419 and must carry the mandatory notice printed in capital letters.
Yes. Both statutory Mississippi waiver forms end with a jurat — "SWORN TO AND SUBSCRIBED BEFORE ME" followed by a NOTARY PUBLIC line. The waiver must be sworn before a notary public; a signature without the notarial jurat does not follow the statutory form.
The mandatory notice on each form states that once you execute and submit the document, you are conclusively deemed to have been paid in full the stated amount — even if you were never actually paid — sixty days after the date stated, unless you file either an affidavit of nonpayment or a claim of lien before the sixty-day period expires.
Yes. Each statutory form ends with a NOTICE in capital letters about the 60-day conclusive presumption of payment. The form itself states that failing to include this notice language on the face of the form renders it unenforceable and invalid as a waiver and release under Section 85-7-419, Mississippi Code of 1972.
No. Mississippi law provides only an interim form and a final form, without the conditional/unconditional split used in states like California or Michigan. Protection for the unpaid claimant comes from the 60-day rule: the waiver is not conclusive until sixty days pass without an affidavit of nonpayment or a claim of lien being filed.
Lien waiver forms for nearby states: Louisiana, Alabama and Tennessee. ← Back to all states · Which states require a statutory lien waiver form? (reference table)
This tool is not a law firm and does not provide legal advice. Statutory text verified 2026-09-10 against the official Mississippi Code (§ 85-7-433). Not a substitute for a licensed Mississippi attorney.