Alaska Statutes Sec. 34.35.240 - Lien Claim

(a) A person who claims a lien under AS 34.35.235 within 60 days after the completion of the service or after the close of the work must record a claim with the recorder of the recording district in which the timber is cut.

(b) The claim must contain (1) a statement of the demand and the amount of the demand, after deducting as nearly as possible all just credits and offsets; (2) the name of the person by whom the claimant was employed; (3) a statement of the terms and conditions of the contract, or if there is no contract, the reasonable value of the service or work; and (4) a description of the property charged with the lien sufficient for identification with reasonable certainty. The claim shall be verified by the oath of the claimant or another who has knowledge of the facts.

(c) The claim must be substantially in the following form:

CLAIM OF LIEN

. . . . . . . . . . . . Claimant, v. . . . . . . . . . . . .

Notice is given by this claim that . . . . . . . . . . . .,

residing at . . . . . . . . . . . . . . ., State of Alaska, claims a

lien upon a . . . . . . . . . . . . of . . . . . . . ., being about . .

. . . . . . . . . . . . . . in quantity, which were cut in . . . . . .

. . . . recording district, State of Alaska, and are now lying or

being at . . . . . . . . ., for labor performed and assistance

provided in . . . . . . . . . . . . said . . . . . . . . . . . . .;

that the name of the owner or reputed owner is . . . . . . . . .; that

. . . . . . . . . . employed said . . . . . . . . . . . to perform the

labor and provide the assistance upon the following terms and

conditions, to wit: -

That . . . . . . . . . . . . agreed to pay the . . . . . . . . .

. for labor and assistance . . . . . . . . . . .; that the contract

has been faithfully performed and fully complied with on the part of .

. . . . . . . . . . ., who performed labor and assisted in . . . . . .

. . . . . . for the period of . . . . . .; that the labor and

assistance were so performed and provided upon . . . . . . . . . . . .

between the . . . . . . . . . . . . . . day of . . . . . . . . . ., and

45 days have not elapsed since that time; that the amount of the

claimant's demand for the service is . . . . . . . . . . . .; that no

part of the claim has been paid except . . . . . . . . . . . .; and

there is now due and remaining unpaid on the claim, after deducting all

just credits and offsets, the sum of . . . . . . . . . . . ., and that

. . . . . . . . claims a lien in this amount upon the . . . . . . . .

. . . . . . and also claims a lien on all the . . . . . . . . . . . .

now owned by . . . . . . . . . . . . in the recording district to

secure payment for the work and labor in obtaining or securing the saw

logs, spars, piles, cordwood, fuelwood, shingle bolts, or other timber

herein in this claim.

.......................................................

(Signature)

State of Alaska

. . . . . . . . . . Judicial District ss.

. . . . . . . . . . . . . ., being first duly sworn on oath says

that the undersigned is . . . . . . . . . . . . . named in the

foregoing claim of liens, has heard the claim read, knows the contents

of the claim and believes the claim to be true.

.......................................................

(Signature)

Subscribed and sworn to before me this . . . . . . . . . day of

. . . . . . . . . . . . . . . . .

.................................................................

(Signature)

Section: Previous  34.35.230  34.35.235  34.35.240  34.35.245  34.35.250  34.35.255  34.35.260  34.35.265  34.35.270  34.35.275  34.35.280  34.35.285  34.35.290  34.35.295  34.35.300  Next

Last modified: November 15, 2016