TITLE 45

LIENS, MORTGAGES AND PLEDGES

CHAPTER 4

LOGGERS’ LIENS

45-407.  Claim of lien for work or labor. Every person, within sixty (60) days after the close of the rendition of the services, or after the close of the work or labor mentioned in sections 45-401 and 45-402, Idaho Code, claiming the benefit hereof, must file for record with the county recorder of the county in which such saw logs, spars, piles, cordwood or other timber was cut, or in which such lumber was manufactured, or, if removed to another county, then in such county, a notice of claim containing a statement of his demand, and the amount thereof, after deducting, as near as possible, all just credits and offsets, with the name of the person by whom he was employed. The notice of claim shall state what such service, work or labor is reasonably worth; and it shall also contain a description of the property to be charged with the lien, sufficient for identification, with reasonable certainty, which notice of claim must be verified by the oath of himself, his agent or attorney, to the effect that the affiant believes the same to be true. Such notice of claim shall be substantially in the following form:

…. claimant, vs. ….

Notice is hereby given that …. of …. county, state of Idaho, claims a lien upon a …. of …. being about …. in quantity, which were cut in …. county, state of Idaho, are marked thus …., and are now lying in …. for labor performed upon and assistance rendered in …. said ….; that the name of the owner or reputed owner is ….; that …. employed said …. to perform such labor and render such assistance upon the following terms, to wit: The said …. agreed to pay the said …. for such labor and assistance ….; that said contract has been faithfully performed and fully complied with on the part of said …., who performed labor upon and assisted in …. said …. for the period of …. that said labor and assistance were so performed and rendered upon said …. between the …. day of …. and the …. day of …., and the rendition of said services was closed on the …. day of …. and …. days have not elapsed since that time; that the amount of claimant’s demand for said services is ….; that no part thereof has been paid except …., and there is now due and unpaid thereon, after deducting all just credits and offsets, the sum of …., in which amount he claims a lien upon said …..

State of Idaho, …. county, ss.

…., being first duly sworn, on oath says that he is …. named in the foregoing claim, has heard the same read and knows the contents thereof, and believes the same to be true …..

Subscribed and sworn to before me this …. day of …., …..

History:

[(45-407) 1893, p. 49, ch. 2, sec. 7; reen. 1899, p. 147, ch. 2, sec. 7; reen. R.C. & C.L., sec. 5131; C.S., sec. 7362; I.C.A., sec. 44-407; am. 2002, ch. 32, sec. 17, p. 55.]