45-309. CIVIL PENALTY FOR FALSE CLAIM. (1) Any person who signs and files a notice of claim of lien which he knows or has reason to believe is false shall be liable to the producer in the amount of the actual damages caused by the false claim or five hundred dollars ($500), whichever is greater, plus reasonable attorney’s fees and costs. If the claimant has failed to give written notice of a claim which is found to be false, to the producer as required by subsection (5) of section 45-308, Idaho Code, the claimant shall be liable for an additional penalty of five hundred dollars ($500).
(2) If the notice of claim of lien is signed by a person other than the claimant, and the claimant knows or has reason to believe the claim is false, the claimant and the person who signed the claim shall be jointly and severally liable for the amount described in subsection (1) of this section.
History:
[45-309, added 1989, ch. 359, sec. 2, p. 902; am. 1996, ch. 262, sec. 3, p. 864.]
Structure Idaho Code
Title 45 - LIENS, MORTGAGES AND PLEDGES
Section 45-301 - PURPOSE AND SCOPE.
Section 45-303 - FARM LABORER’S LIEN.
Section 45-307 - ATTACHMENT OF LIEN.
Section 45-308 - NOTICE OF CLAIM OF LIEN.
Section 45-308A - AMENDMENT OR ASSIGNMENT OF NOTICE.
Section 45-309 - CIVIL PENALTY FOR FALSE CLAIM.
Section 45-310 - DURATION OF LIEN.
Section 45-311 - DUTY TO RELEASE UPON SATISFACTION.
Section 45-312 - LIST OF LIENS IN FARM CROPS.
Section 45-314 - WHEN BUYER TAKES FREE OF LIEN.
Section 45-315 - DUTY OF BUYER.
Section 45-316 - ADMINISTRATIVE RULEMAKING.