45-1703. Petition to district court for release of nonconsensual common law lien. (1) Any person whose real or personal property is subject to a recorded claim of nonconsensual common law lien who believes the claim of lien is invalid, may petition the district court of the county in which the claim of lien has been recorded for an order, which may be granted ex parte, directing the lien claimant to appear before the court at a time no earlier than six (6) nor later than twenty-one (21) days following the date of service of the petition and order on the lien claimant, and show cause, if any, why the claim of lien should not be stricken and other relief provided for by this section should not be granted. The petition shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or his or her attorney setting forth a concise statement of the facts upon which the motion is based. The order shall be served upon the lien claimant by personal service, or, where the court determines that service by mail is likely to give actual notice, the court may order that service be made by any person over eighteen (18) years of age, who is competent to be a witness, other than a party, by mailing copies of the petition and order to the lien claimant at his or her last known address or any other address determined by the court to be appropriate. Two (2) copies shall be mailed, postage prepaid, one (1) by ordinary first class mail and the other by a form of mail requiring a signed receipt showing when and to whom it was delivered. The envelopes must bear the return address of the sender.
(2) The order shall clearly state that if the lien claimant fails to appear at the time and place noted, the claim of nonconsensual common law lien shall be stricken and released and that the lien claimant shall be ordered to pay the costs incurred by the petitioner, including reasonable attorney’s fees.
(3) The clerk of the court shall assign a case number to the petition and obtain from the petitioner a filing fee of thirty-five dollars ($35.00).
(4) If, following a hearing on the matter, the court determines that the claim of nonconsensual common law lien is invalid, the court shall issue an order striking and releasing the claim of lien and awarding costs and reasonable attorney’s fees to the petitioner to be paid by the lien claimant. If the court determines that the claim of lien is valid, the court shall issue an order so stating and may award costs and reasonable attorney’s fees to the lien claimant to be paid by the petitioner.
45-1703. Petition to district court for release of nonconsensual common law lien. (1) Any person whose real or personal property is subject to a recorded claim of nonconsensual common law lien who believes the claim of lien is invalid, may petition the district court of the county in which the claim of lien has been recorded for an order, which may be granted ex parte, directing the lien claimant to appear before the court at a time no earlier than six (6) nor later than twenty-one (21) days following the date of service of the petition and order on the lien claimant, and show cause, if any, why the claim of lien should not be stricken and other relief provided for by this section should not be granted. The petition shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or his or her attorney setting forth a concise statement of the facts upon which the motion is based. The order shall be served upon the lien claimant by personal service, or, where the court determines that service by mail is likely to give actual notice, the court may order that service be made by any person over eighteen (18) years of age, who is competent to be a witness, other than a party, by mailing copies of the petition and order to the lien claimant at his or her last known address or any other address determined by the court to be appropriate. Two (2) copies shall be mailed, postage prepaid, one (1) by ordinary first class mail and the other by a form of mail requiring a signed receipt showing when and to whom it was delivered. The envelopes must bear the return address of the sender.
(2) The order shall clearly state that if the lien claimant fails to appear at the time and place noted, the claim of nonconsensual common law lien shall be stricken and released and that the lien claimant shall be ordered to pay the costs incurred by the petitioner, including reasonable attorney’s fees.
(3) The clerk of the court shall assign a case number to the petition and obtain from the petitioner a filing fee of thirty-five dollars ($35.00).
(4) If, following a hearing on the matter, the court determines that the claim of nonconsensual common law lien is invalid, the court shall issue an order striking and releasing the claim of lien and awarding costs and reasonable attorney’s fees to the petitioner to be paid by the lien claimant. If the court determines that the claim of lien is valid, the court shall issue an order so stating and may award costs and reasonable attorney’s fees to the lien claimant to be paid by the petitioner.
45-1703. Petition to district court for release of nonconsensual common law lien. (1) Any person whose real or personal property is subject to a recorded claim of nonconsensual common law lien who believes the claim of lien is invalid, may petition the district court of the county in which the claim of lien has been recorded for an order, which may be granted ex parte, directing the lien claimant to appear before the court at a time no earlier than six (6) nor later than twenty-one (21) days following the date of service of the petition and order on the lien claimant, and show cause, if any, why the claim of lien should not be stricken and other relief provided for by this section should not be granted. The petition shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or his or her attorney setting forth a concise statement of the facts upon which the motion is based. The order shall be served upon the lien claimant by personal service, or, where the court determines that service by mail is likely to give actual notice, the court may order that service be made by any person over eighteen (18) years of age, who is competent to be a witness, other than a party, by mailing copies of the petition and order to the lien claimant at his or her last known address or any other address determined by the court to be appropriate. Two (2) copies shall be mailed, postage prepaid, one (1) by ordinary first class mail and the other by a form of mail requiring a signed receipt showing when and to whom it was delivered. The envelopes must bear the return address of the sender.
(2) The order shall clearly state that if the lien claimant fails to appear at the time and place noted, the claim of nonconsensual common law lien shall be stricken and released and that the lien claimant shall be ordered to pay the costs incurred by the petitioner, including reasonable attorney’s fees.
(3) The clerk of the court shall assign a case number to the petition and obtain from the petitioner a filing fee of thirty-five dollars ($35.00).
(4) If, following a hearing on the matter, the court determines that the claim of nonconsensual common law lien is invalid, the court shall issue an order striking and releasing the claim of lien and awarding costs and reasonable attorney’s fees to the petitioner to be paid by the lien claimant. If the court determines that the claim of lien is valid, the court shall issue an order so stating and may award costs and reasonable attorney’s fees to the lien claimant to be paid by the petitioner.
