Alaska Stat. § 34.35.240

Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135

Section 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.

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

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.

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

Subscribed and sworn to before

me this .................................. day of

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

......

(Signature).

AS 34.35.240