Text: HF02008 Text: HF02010 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 572.32, Code Supplement 1999, is
1 2 amended by striking the section and inserting in lieu thereof
1 3 the following:
1 4 572.32 ATTORNEY FEES.
1 5 In a court action to enforce a mechanic's lien the
1 6 prevailing party shall be awarded reasonable attorney fees.
1 7 EXPLANATION
1 8 This bill provides that in a court action to enforce a
1 9 mechanic's lien the successful party shall be awarded
1 10 reasonable attorney fees. Currently, if the plaintiff
1 11 furnished labor or material directly to the defendant, a
1 12 prevailing plaintiff in such an action may be awarded
1 13 reasonable attorney fees. In an action to challenge a
1 14 mechanic's lien on an owner-occupied dwelling, the person
1 15 challenging the lien, if successful, may be awarded reasonable
1 16 attorney fees and actual damages. Additionally, in the
1 17 instance of a mechanic's lien on an owner-occupied dwelling,
1 18 if the mechanic's lien was filed in bad faith or if the
1 19 supporting affidavit upon which the mechanic's lien was issued
1 20 was materially false, the court shall award the owner
1 21 reasonable attorney fees plus an amount not less than $500 or
1 22 the amount of the lien, whichever is less.
1 23 LSB 5096HH 78
1 24 mj/gg/8
Text: HF02008 Text: HF02010 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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