Text: HF00075 Text: HF00077 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 572.34 ACTION FOR WRONGFUL LIEN.
1 2 1. A person against whom a mechanic's lien has been filed
1 3 may bring an action in the district court against the person
1 4 who filed the lien when the mechanic's lien has been
1 5 wrongfully filed with the clerk of the district court in that
1 6 district.
1 7 2. If the court determines that the lien filing did not
1 8 satisfy the requirements of this chapter, the court shall
1 9 order that the clerk of the district court immediately expunge
1 10 the abstract of lien from the mechanic's lien book, as well as
1 11 any other files or documents relating to the recording of the
1 12 lien. The clerk of court shall provide acknowledgment to the
1 13 person bringing the suit that the lien has been expunged.
1 14 3. A person who wrongfully files a lien shall be liable
1 15 for any damages caused by the wrongful filing of the lien.
1 16 4. A person who prevails in an action alleging a wrongful
1 17 lien shall be entitled to recover costs, including a
1 18 reasonable attorney fee.
1 19 EXPLANATION
1 20 This bill adds a new section to Code chapter 572 regarding
1 21 mechanic's liens. The new Code section provides a cause of
1 22 action when a mechanic's lien has been wrongfully filed
1 23 against a person, and provides for recovery of damages,
1 24 expungement of the lien, and recovery of costs and a
1 25 reasonable attorney fee by the person against whom a lien has
1 26 been wrongfully filed.
1 27 LSB 1600HH 78
1 28 jj/gg/8
Text: HF00075 Text: HF00077 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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