Kentucky Statutes 376.230 – Lien dissolved unless statement timely filed with county clerk — Form and content of statement — Duties and fees of clerk
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(1) The lien provided for in KRS § 376.210 shall be dissolved unless the person who furnishes the labor, materials, or supplies shall, whichever is later, within sixty (60) days after the last day of the month in which any labor, materials, or supplies were furnished, or by the date of substantial completion, file in the county clerk’s office of each county in which labor, materials, or supplies were furnished, except as hereinafter provided, a statement in writing verified by affidavit of the claimant or his or her authorized agent or attorney, setting forth the amount due for which the lien is claimed, the date on which labor, materials, or supplies were last furnished and the name of the canal, railroad, bridge, public highway, or other public improvement upon which it is claimed.
(2) In all cases where a lien is claimed for labor, materials, or supplies furnished for the improvement of any bridge, public highway, or other public property owned by the state or by any county, charter county, urban-county, consolidated local government, or city, the statement of lien shall be filed only in the county clerk’s office of the county in which the seat of government of the owner of the property is located.
(3) The county clerk, upon the filing of the statement, shall make an abstract and entry thereof as now provided by law in case of mechanics’ liens in the same book used for that purpose, and shall make proper index thereof. The clerk shall be paid by the party filing the claim, and for attesting any copy of the lien statement. If he or she is required to make the copy, he or she may make an additional charge as provided by law. The clerk’s fees shall be determined pursuant to KRS § 64.012. All of these charges may be recovered by the lien claimant as costs from the party and out of the fund against which the claim is filed.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 136, sec. 7, effective June 26, 2007. — Amended
2005 Ky. Acts ch. 104, sec. 1, effective June 20, 2005. — Amended 1978 Ky. Acts ch. 84, sec. 14, effective June 17, 1978. — Amended 1972 Ky. Acts ch. 296, sec. 1. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2494.
(2) In all cases where a lien is claimed for labor, materials, or supplies furnished for the improvement of any bridge, public highway, or other public property owned by the state or by any county, charter county, urban-county, consolidated local government, or city, the statement of lien shall be filed only in the county clerk’s office of the county in which the seat of government of the owner of the property is located.
Terms Used In Kentucky Statutes 376.230
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- City: includes town. See Kentucky Statutes 446.010
- Lien: A claim against real or personal property in satisfaction of a debt.
- Month: means calendar month. See Kentucky Statutes 446.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(3) The county clerk, upon the filing of the statement, shall make an abstract and entry thereof as now provided by law in case of mechanics’ liens in the same book used for that purpose, and shall make proper index thereof. The clerk shall be paid by the party filing the claim, and for attesting any copy of the lien statement. If he or she is required to make the copy, he or she may make an additional charge as provided by law. The clerk’s fees shall be determined pursuant to KRS § 64.012. All of these charges may be recovered by the lien claimant as costs from the party and out of the fund against which the claim is filed.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 136, sec. 7, effective June 26, 2007. — Amended
2005 Ky. Acts ch. 104, sec. 1, effective June 20, 2005. — Amended 1978 Ky. Acts ch. 84, sec. 14, effective June 17, 1978. — Amended 1972 Ky. Acts ch. 296, sec. 1. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2494.