Kentucky Statutes 376.080 – Lien dissolved unless statement filed with county clerk and copy mailed to property owner — Form of statement
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(1) Any lien provided for in KRS § 376.010 shall be dissolved unless the claimant, within six (6) months after he ceases to labor or furnish materials, files in the office of the county clerk of the county in which the building or improvement is situated a statement of the amount due him, with all just credits and set-offs known to him, together with a description of the property intended to be covered by the lien sufficiently accurate to identify it, the name of the owner, if known, and whether the materials were furnished or the labor performed by contract with the owner or with a contractor or subcontractor. Lien statement forms shall require the name and address of the claimant. If the claimant is a corporation, the statement shall require the name and address of the corporation‘s process agent, or some other address at which service of process under the Rules of Civil Procedure may be accomplished. If no name and address is included in the statement, service of process in an action involving the real property may be accomplished by serving the person who signs the lien statement. This statement shall be subscribed and sworn to by the person claiming the lien or by someone in his behalf. The claimant shall send by regular mail a copy of the statement to the property owner at his last known address within seven (7) days of filing the statement with the county clerk. Any lien provided for in KRS § 376.010 shall be dissolved if a copy of the statement is not sent to the property owner as provided in this subsection.
(2) The county clerk shall endorse upon each statement the date of its filing, and shall make an abstract of the statement in a book to be kept by him for that purpose, properly endorsed and indexed, containing the date of filing, the name of the person seeking to enforce the lien, the amount claimed, the name of the person against whose property the lien is filed, and a description of the property charged with the lien. The clerk shall receive a fee pursuant to KRS § 64.012 from the person filing the statement as full compensation, which shall be taxed and collected as other costs.
Effective: July 13, 1990
History: Amended 1990 Ky. Acts ch. 468, sec. 1, effective July 13, 1990. — Amended
1988 Ky. Acts ch. 259, sec. 2, effective July 15, 1988. — Amended 1978 Ky. Acts ch.
84, sec. 13, effective June 17, 1978; and ch. 384, sec. 503, effective June 17, 1978. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2468, 2469.
(2) The county clerk shall endorse upon each statement the date of its filing, and shall make an abstract of the statement in a book to be kept by him for that purpose, properly endorsed and indexed, containing the date of filing, the name of the person seeking to enforce the lien, the amount claimed, the name of the person against whose property the lien is filed, and a description of the property charged with the lien. The clerk shall receive a fee pursuant to KRS § 64.012 from the person filing the statement as full compensation, which shall be taxed and collected as other costs.
Terms Used In Kentucky Statutes 376.080
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: may extend and be applied to any corporation, company, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Lien: A claim against real or personal property in satisfaction of a debt.
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Service of process: The service of writs or summonses to the appropriate party.
- Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
Effective: July 13, 1990
History: Amended 1990 Ky. Acts ch. 468, sec. 1, effective July 13, 1990. — Amended
1988 Ky. Acts ch. 259, sec. 2, effective July 15, 1988. — Amended 1978 Ky. Acts ch.
84, sec. 13, effective June 17, 1978; and ch. 384, sec. 503, effective June 17, 1978. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2468, 2469.