2014 Kentucky Revised Statutes CHAPTER 376 - STATUTORY LIENS 376.080 Lien dissolved unless statement filed with county clerk and copy mailed to property owner -- Form of statement.
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376.080 Lien dissolved unless statement filed with county clerk and copy
mailed to property owner -- Form of statement.
(1)
(2)
Any lien provided for in KRS 376.010 shall be dissolved unless the claimant,
within six (6) months after he ceases to labor or furnish materials, files in the
office of the county clerk of the county in which the building or improvement is
situated a statement of the amount due him, with all just credits and set-offs
known to him, together with a description of the property intended to be
covered by the lien sufficiently accurate to identify it, the name of the owner, if
known, and whether the materials were furnished or the labor performed by
contract with the owner or with a contractor or subcontractor. Lien statement
forms shall require the name and address of the claimant. If the claimant is a
corporation, the statement shall require the name and address of the
corporation's process agent, or some other address at which service of process
under the Rules of Civil Procedure may be accomplished. If no name and
address is included in the statement, service of process in an action involving
the real property may be accomplished by serving the person who signs the
lien statement. This statement shall be subscribed and sworn to by the person
claiming the lien or by someone in his behalf. The claimant shall send by
regular mail a copy of the statement to the property owner at his last known
address within seven (7) days of filing the statement with the county clerk. Any
lien provided for in KRS 376.010 shall be dissolved if a copy of the statement is
not sent to the property owner as provided in this subsection.
The county clerk shall endorse upon each statement the date of its filing, and
shall make an abstract of the statement in a book to be kept by him for that
purpose, properly endorsed and indexed, containing the date of filing, the
name of the person seeking to enforce the lien, the amount claimed, the name
of the person against whose property the lien is filed, and a description of the
property charged with the lien. The clerk shall receive a fee pursuant to KRS
64.012 from the person filing the statement as full compensation, which shall
be taxed and collected as other costs.
Effective:July 13, 1990
History: Amended 1990 Ky. Acts ch. 468, sec. 1, effective July 13, 1990. -Amended 1988 Ky. Acts ch. 259, sec. 2, effective July 15, 1988. -- Amended
1978 Ky. Acts ch. 84, sec. 13, effective June 17, 1978; and ch. 384, sec. 503,
effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. secs. 2468, 2469.
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