Section 34.35.240. Lien claim.

   (a) A person who claims a lien under AS 34.35.235 within 60 days after the completion of the service or after the close of the work must record a claim  with the recorder of the recording district in which the timber is cut.
   (b) The claim must contain (1) a statement of the demand and the amount of the demand, after deducting as nearly as possible all just credits and offsets; (2) the name of the person by whom the claimant was employed; (3) a statement of the terms and conditions of the contract, or if there is no contract, the reasonable value of the service or work; and (4) a description of the property charged with the lien sufficient for identification with reasonable certainty.  The claim shall be verified by the oath of the claimant or another who has knowledge of the facts. 
                                                                 
  (c) The claim must be substantially in the following form:
 CLAIM OF LIEN                                                         
. . . . . . . . . . . Claimant, v. . . . . . . . . . . . . . .  
Notice is given by this claim that . . . . . . . . . . . .,      
residing at . . . . . . . . . . . . . . ., State of Alaska, claims a   
lien upon a . . . . . . . . . . . . of . . . . . . . ., being about . .
. . . . . . . . . . . . . . in quantity, which were cut in . . . . . .
 . . . . recording district, State of Alaska, and are now lying or
 being at . . . . . . . . ., for labor performed and assistance
 provided in . . . . . . . . . . . . said . . . . . . . . . . . . .;   
that the name of the owner or reputed owner is . . . . . . . . .; that
 . . . . . . . . . . employed said . . . . . . . . . . . to perform the
labor and provide the assistance upon the following terms and          
conditions, to wit: -                                                  
That . . . . . . . . . . . . agreed to pay the . . . . . . . . .
 . for labor and assistance . . . . . . . . . . .; that the contract
 has been faithfully performed and fully complied with on the part of .
. . . . . . . . . . ., who performed labor and assisted in . . . . . .
 . . . . . . for the period of . . . . . .; that the labor and         
assistance were so performed and provided upon . . . . . . . . . . . . 
between the . . . . . . . . . . . . . . day of . . . . . . . . . ., and
45 days have not elapsed since that time; that the amount of the       
claimant's demand for the service is . . . . . . . . . . . .; that no  
part of the claim has been paid except . . . . . . . . . . . .; and    
there is now due and remaining unpaid on the claim, after deducting all
just credits and offsets, the sum of . . . . . . . . . . . ., and that
 . . . . . . . . claims a lien in this amount upon the . . . . . . . .
 . . . . . . and also claims a lien on all the . . . . . . . . . . . . 
now owned by . . . . . . . . . . . . in the recording district to
 secure payment for the work and labor in obtaining or securing the saw
logs, spars, piles, cordwood, fuelwood, shingle bolts, or other timber 
herein in this claim.                                                  
                                         ........................
                                                      (Signature)
State of Alaska                                                  
. . . . . . . . . . Judicial District        ss.                 
. . . . . . . . . . . . . ., being first duly sworn on oath says 
that the undersigned is . . . . . . . . . . . . . named in the
 foregoing claim of liens, has heard the claim read, knows the contents
of the claim and believes the claim to be true.                        
                                       ..........................
                                                      (Signature)
Subscribed and sworn to before  me this . . . . . . . . . . . . .
day of  . . . . . . . . . . . . . . . . .                              
      .................................................................
        (Signature)                                       

Authorities

34.35.250;34.35.255;34.35.305

Notes

References

AS 34.35.250 Landowner's lien claim.
AS 34.35.255 Priority.
AS 34.35.305 Manufacturing lien claim.

History

(Sec. 26-5-4 ACLA 1949)