Section 34.35.005. Action for foreclosure.

   (a) When an action is required to enforce a lien provided for in this chapter and the action falls within the monetary jurisdiction of the district court, the action shall be started in the district court in the judicial district in which venue lies.  An action that exceeds the monetary jurisdiction of the district court shall be started in the superior court in the judicial district in which venue lies. The procedure, except as otherwise provided in this chapter, is the same as in the trial of an action to secure property to hold it for the satisfaction of a lien against it.
   (b) In an action to enforce a lien, the court shall allow as part of the costs all money paid for drawing the lien and for filing and recording the lien claim, and a reasonable attorney fee for the foreclosure of the lien.
   (c) An action to enforce a lien created by AS 34.35.005 - 34.35.425 has preference upon the calendar of civil actions before the court and shall be tried without unnecessary delay.

Authorities

34.08.470;34.35.005;34.35.010;34.35.025;34.35.045

Notes

References

AS 34.08.470 Lien for assessments.
AS 34.35.005 Action for foreclosure.
AS 34.35.010 Joinder of claimants in lien statement.
AS 34.35.025 Parties to foreclosure.
AS 34.35.045 Lienor's action on contract.

History

(Sec. 26-9-3 ACLA 1949; am Sec. 11 ch 17 SLA 1985)