Section 34.35.110. Actions to enforce liens.

   (a) An action to enforce a lien created by AS 34.35.050 - 34.35.120 shall be brought in the superior court.  The pleadings, process, practice, and procedure are the same as in other cases.  Each claimant is entitled to execution for the balance due after distribution. The clerk of the superior court, upon demand, shall issue the execution after the return of the officer making the execution showing the balance due.
   (b) In an action under AS 34.35.050  -  34.35.120 the court shall, upon entering judgment for the plaintiff, allow as a part of the costs all money paid for the filing and recording of the lien and a reasonable amount as attorney fees.  An action to enforce a lien created by AS 34.35.050  - 34.35.120 has preference upon the calendar of civil actions of the court and shall be tried without unnecessary delay.
   (c) In an action to enforce a lien created by AS 34.35.050  - 34.35.120 all persons personally liable and all lienholders whose claims have been filed for record under AS 34.35.070 shall be made parties; all other persons interested in the matter in controversy or in the property sought to be charged with the lien may be made parties. However, those persons who are not made parties are not bound by the proceedings.  The proceedings upon the foreclosure of a lien created by AS 34.35.050  - 34.35.120 shall, as nearly as possible, conform to the proceedings of a foreclosure of a mortgage lien upon real property.

Notes

History

(Sec. 26-1-13 ACLA 1949; am Sec. 14 ch 175 SLA 1978)