Idaho Code 45-520 – Release of Lien On Real Property by Posting Surety Bond — Petition for Release — Service of Copy of Petition
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(1) A petition for the release of a mechanic’s lien by posting a surety bond must be filed in the district court of the county wherein the property is located and shall set forth:
(a) The title of the cause, thus: "In the matter of the petition of ……………………. (name of petitioner) for release of mechanic’s lien of ……………………. (name of mechanic’s lien claimant) upon posting surety bond."
(b) An allegation of the purchase of and payment of the premium for the bond, and the dates of purchase and payment.
(c) An allegation incorporating by reference a true copy of the bond, which copy must be attached to the petition.
(d) The name or names of the owner or reputed owners of the land subject to the lien.
(e) A description of the real property subject to the lien, and the instrument number of the lien as given by the recorder’s office.
(f) A prayer for an order releasing the lien.
(2) The petitioner shall obtain an order from the district court setting forth the time and date of the hearing on the petition, which time and date must be at least five (5) days after the date of the order and not more than ten (10) days after the date of the order.
Terms Used In Idaho Code 45-520
- Allegation: something that someone says happened.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: includes both real and personal property. See Idaho Code 73-114
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Summons: Another word for subpoena used by the criminal justice system.
(3) A copy of the petition and a copy of the order must be served on the lien claimant at least two (2) days before the date set for the hearing and served in the manner provided by law for service of summons.