572.23  Acknowledgment of satisfaction of claim.

1.  When a mechanic's lien is satisfied by payment of the claim, the claimant shall acknowledge satisfaction thereof upon the mechanic's lien book, or otherwise in writing, and, if the claimant neglects to do so for thirty days after demand in writing is personally served upon the claimant, the claimant shall forfeit and pay twenty-five dollars to the owner or contractor, and be liable to any person injured to the extent of the injury.

2.  If acknowledgment of satisfaction is not filed within thirty days after service of the demand in writing, the party serving the demand or causing the demand to be served may file for record with the clerk of the district court a copy of the demand with proofs of service attached and endorsed and, in case of service by publication, a personal affidavit that personal service could not be made within this state. Upon completion of the requirements of this subsection, the record shall be constructive notice to all parties of the due forfeiture and cancellation of the lien. Upon the filing of the demand with the required attachments, the clerk of the district court shall mail a file-stamped copy of the demand to both parties.

Section History: Early form

  [R60, § 1867--1869; C73, § 2145; C97, § 3101; C24, 27, 31, 35, 39, § 10292; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 572.23]

Section History: Recent form

  99 Acts, ch 79, §1; 2000 Acts, ch 1154, §34

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