Text: SF00428 Text: SF00430 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 429 1 2 1 3 AN ACT 1 4 RELATING TO NOTIFICATION OF FORFEITED AND CANCELLED MECHANIC'S 1 5 LIENS, CHALLENGING A MECHANIC'S LIEN, AND PROVIDING A REMEDY. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 572.23, Code 1999, is amended to read 1 10 as follows: 1 11 572.23 ACKNOWLEDGMENT OF SATISFACTION OF CLAIM. 1 12 1. When a mechanic's lien is satisfied by payment of the 1 13 claim, the claimant shall acknowledge satisfaction thereof 1 14 upon the mechanic's lien book, or otherwise in writing, and, 1 15 if the claimant neglects to do so for thirty days after demand 1 16 in writing is personally served upon the claimant, the 1 17 claimant shall forfeit and pay twenty-five dollars to the 1 18 owner or contractor, and be liable to any person injured to 1 19 the extent of the injury. 1 20 2. If acknowledgment of satisfaction is not filed within 1 21 thirty days after service of the demand in writing, the party 1 22 serving the demand or causing the demand to be served may file 1 23 for record with the clerk of the district court a copy of the 1 24 demand with proofs of service attached and endorsed and, in 1 25 case of service by publication, a personal affidavit that 1 26 personal service could not be made within this state. Upon 1 27 completion of the requirements of this subsection, the record 1 28 shall be constructive notice to all parties of the due 1 29 forfeiture and cancellation of the lien. Upon the filing of 1 30 the forfeiture of the lien, the clerk of the district court 1 31 shall mail a file-stamped copy of the cancellation to both 1 32 parties. 1 33 Sec. 2. Section 572.24, Code 1999, is amended to read as 1 34 follows: 1 35 572.24 TIME OF BRINGING ACTION – COURT. 2 1 1. An action to enforce a mechanic's lien, or an action 2 2 brought upon any bond given in lieu thereof, may be commenced 2 3 in the district court after said lien is perfected. 2 4 2. An action to challenge a mechanic's lien may be 2 5 commenced in the district court or small claims court if the 2 6 amount of the lien is within jurisdictional limits. Any 2 7 permissible claim or counterclaim meeting subject matter and 2 8 jurisdictional requirements may be joined with the action. 2 9 The court shall make written findings regarding the lawful 2 10 amount and the validity of the mechanic's lien. In addition 2 11 to any other appropriate order, the court may enter judgment 2 12 on a permissibly joined claim or counterclaim. If the court 2 13 determines that the mechanic's lien is invalid, valid for a 2 14 lesser amount, frivolous, fraudulent, forfeited, expired, or 2 15 for any other reason unenforceable, the clerk of the district 2 16 court shall make an entry of record to the mechanic's lien 2 17 book regarding the proper amount of the lien or, if warranted, 2 18 canceling the lien. 2 19 Sec. 3. Section 572.28, Code 1999, is amended to read as 2 20 follows: 2 21 572.28 DEMAND FOR BRINGING SUIT. 2 22 1. Upon the written demand of the owner, the owner's 2 23 agent, or contractor, served on the lienholder requiring the 2 24 lienholder to commence action to enforce the lien, such action 2 25 shall be commenced within thirty days thereafter, or the lien 2 26 and all benefits derived therefrom shall be forfeited. 2 27 2. If an action is not filed within thirty days after 2 28 demand to commence action is served, the party serving the 2 29 demand or causing the demand to be served may file for record 2 30 with the clerk of the district court a copy of the demand with 2 31 proofs of service attached and endorsed and, in case of 2 32 service by publication, a personal affidavit that personal 2 33 service could not be made within this state. Upon completion 2 34 of the requirements of this subsection, the record shall be 2 35 constructive notice to all parties of the due forfeiture and 3 1 cancellation of the lien. Upon the filing of the demand with 3 2 the required attachments, the clerk of the district court 3 3 shall mail a file-stamped copy of the demand to both parties. 3 4 Sec. 4. Section 572.32, Code 1999, is amended to read as 3 5 follows: 3 6 572.32 ATTORNEY FEES – REMEDIES. 3 7 1. In a court action to enforce a mechanic's lien, if the 3 8 plaintiff furnished labor or materials directly to the 3 9 defendant,thea prevailing plaintiff, if successful, shall3 10 may be awarded reasonable attorney fees. 3 11 2. In a court action to challenge a mechanic's lien filed 3 12 on an owner-occupied dwelling, if the person challenging the 3 13 lien prevails, the court may award reasonable attorney fees 3 14 and actual damages. If the court determines that the 3 15 mechanic's lien was filed in bad faith or the supporting 3 16 affidavit was materially false, the court shall award the 3 17 owner reasonable attorney fees plus an amount not less than 3 18 five hundred dollars or the amount of the lien, whichever is 3 19 less. 3 20 Sec. 5. Section 631.1, Code 1999, is amended by adding the 3 21 following the new subsection: 3 22 NEW SUBSECTION. 6. The district court sitting in small 3 23 claims has concurrent jurisdiction of an action to challenge a 3 24 mechanic's lien pursuant to sections 572.24 and 572.32. 3 25 3 26 3 27 3 28 MARY E. KRAMER 3 29 President of the Senate 3 30 3 31 3 32 3 33 RON J. CORBETT 3 34 Speaker of the House 3 35 4 1 I hereby certify that this bill originated in the Senate and 4 2 is known as Senate File 429, Seventy-eighth General Assembly. 4 3 4 4 4 5 4 6 MICHAEL E. MARSHALL 4 7 Secretary of the Senate 4 8 Approved , 1999 4 9 4 10 4 11 4 12 THOMAS J. VILSACK 4 13 Governor
Text: SF00428 Text: SF00430 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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