TITLE 45

LIENS, MORTGAGES AND PLEDGES

CHAPTER 5

LIENS OF MECHANICS AND MATERIALMEN

45-507.  Claim of lien. (1) Any person claiming a lien pursuant to the provisions of this chapter must file a claim for record with the county recorder for the county in which such property or some part thereof is situated.

(2)  The claim shall be filed within ninety (90) days after the completion of the labor or services, or furnishing of materials.

(3)  The claim shall contain:

(a)  A statement of his demand, after deducting all just credits and offsets;

(b)  The name of the owner, or reputed owner, if known;

(c)  The name of the person by whom he was employed or to whom he furnished the materials;

(d)  A description of the property to be charged with the lien, sufficient for identification; and

(e)  For work or materials subject to the provisions of section 45-525, Idaho Code, the required proof of disclosure and acknowledgment of receipt.

(4)  Such claim must be verified by the oath of the claimant, his agent, or his attorney to the effect that the affiant believes the same to be just.

(5)  A true and correct copy of the claim of lien shall be served on the owner or reputed owner of the property either by an officer authorized by law to serve process delivering a copy thereof to the owner or reputed owner personally or by mailing a copy thereof by certified mail to the owner or reputed owner at his last known address. Such delivery or mailing shall be made no later than five (5) business days following the filing of said claim of lien.

(6)  For purposes of this chapter, owner or reputed owner does not include a trustee of a deed of trust as defined and required by chapter 15, title 45, Idaho Code.

(7)  In any court proceeding regarding a lien filed pursuant to this section, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.

History:

[(45-507) 1893, p. 49, ch. 1, sec. 6; am. 1895, p. 48, ch. 1, sec. 6; reen. 1899, p. 147, ch. 1, sec. 6; reen. R.C. & C.L., sec. 5115; C.S., sec. 7346; I.C.A., sec. 44-507; am. 1971, ch. 91, sec. 5, p. 196; am. 1983, ch. 127, sec. 1, p. 324; am. 1993, ch. 378, sec. 1, p. 1387; am. 2001, ch. 152, sec. 5, p. 552; am. 2002, ch. 307, sec. 1, p. 876; am. 2015, ch. 339, sec. 1, p. 1271; am. 2022, ch. 66, sec. 1, p. 202.]