2005 Idaho Code - 45-1703 — PETITION TO DISTRICT COURT FOR RELEASE OF NONCONSENSUAL COMMON LAW LIEN

                                  TITLE  45
                         LIENS, MORTGAGES AND PLEDGES
                                  CHAPTER 17
                        NONCONSENSUAL COMMON LAW LIENS
    45-1703.  PETITION TO DISTRICT COURT FOR RELEASE OF NONCONSENSUAL COMMON
LAW LIEN. (1) Any person whose real or personal property is subject to a
recorded claim of nonconsensual common law lien who believes the claim of lien
is invalid, may petition the district court of the county in which the claim
of lien has been recorded for an order, which may be granted ex parte,
directing the lien claimant to appear before the court at a time no earlier
than six (6) nor later than twenty-one (21) days following the date of service
of the petition and order on the lien claimant, and show cause, if any, why
the claim of lien should not be stricken and other relief provided for by this
section should not be granted. The petition shall state the grounds upon which
relief is requested, and shall be supported by the affidavit of the petitioner
or his or her attorney setting forth a concise statement of the facts upon
which the motion is based. The order shall be served upon the lien claimant by
personal service, or, where the court determines that service by mail is
likely to give actual notice, the court may order that service be made by any
person over eighteen (18) years of age, who is competent to be a witness,
other than a party, by mailing copies of the petition and order to the lien
claimant at his or her last known address or any other address determined by
the court to be appropriate. Two (2) copies shall be mailed, postage  prepaid,
one (1) by ordinary first class mail and the other by a form of mail requiring
a signed receipt showing when and to whom it was delivered. The envelopes must
bear the return address of the sender.
    (2)  The order shall clearly state that if the lien claimant fails to
appear at the time and place noted, the claim of nonconsensual common law lien
shall be stricken and released and that the lien claimant shall be ordered to
pay the costs incurred by the petitioner, including reasonable attorney's
fees.
    (3)  The clerk of the court shall assign a case number to the petition and
obtain from the petitioner a filing fee of thirty-five dollars ($35.00).
    (4)  If, following a hearing on the matter, the court determines that the
claim of nonconsensual common law lien is invalid, the court shall issue an
order striking and releasing the claim of lien and awarding costs and
reasonable attorney's fees to the petitioner to be paid by the lien claimant.
If the court determines that the claim of lien is valid, the court shall issue
an order so stating and may award costs and reasonable attorney's fees to the
lien claimant to be paid by the petitioner.