Section 34.35.440. Fixing the lien.

   (a) When a person or an agent, receiver, or trustee of the person, fails or refuses to make wage payments as prescribed by law or agreement between the parties, the employee who has performed the service shall make an account of service, showing the amount due the employee for the service, and present to the employer or an agent, receiver, or trustee of the employer one of the duplicate accounts within 30 days after the indebtedness accrues.
   (b) Within 90 days after termination of the performance of services the claimant shall record with the recorder of the recording district in which the services were performed a lien notice verified by the claimant.
   (c) The lien notice shall be indexed in a book or computer-readable medium kept for that purpose.
   (d) The lien claim must contain a description of the property charged with the lien sufficient for identification, and shall be verified by the oath of the lien claimant or of some other person having knowledge of the facts.
   (e) A compliance with the requirements in this section is necessary to fix and preserve the lien given under AS 34.35.435 - 34.35.445.
   (f) The liens of different persons of the same class have equal priority with each other.
   (g) A person claiming the benefit of AS 34.35.435  - 34.35.445 has six months from the date of recording the lien within which to bring suit to foreclose the lien, or, if a credit is given, then six months after the expiration of the credit.
   (h) A substantial compliance with this section is sufficient diligence to fix and secure the lien, except that a purchaser of products covered by the lien from the owner of the products acquires good title to them unless at the time of the purchase, the purchaser has actual or constructive notice of the claim of the lienholder upon the products.  The purchaser has constructive notice if the claim is recorded and indexed or if an action is on file.

Notes

History

(Sec. 2 ch 79 SLA 1949; am Sec. 41 ch 30 SLA 1996)