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.]
Structure Idaho Code
Title 45 - LIENS, MORTGAGES AND PLEDGES
Chapter 5 - LIENS OF MECHANICS AND MATERIALMEN
Section 45-501 - RIGHT TO LIEN.
Section 45-504 - LIEN FOR IMPROVING LOTS.
Section 45-505 - LAND SUBJECT TO LIEN.
Section 45-506 - LIENS PREFERRED CLAIMS.
Section 45-507 - CLAIM OF LIEN.
Section 45-508 - CLAIMS AGAINST TWO BUILDINGS.
Section 45-509 - RECORD OF LIEN CLAIMS.
Section 45-510 - DURATION OF LIEN.
Section 45-511 - RECOVERY BY CONTRACTOR — DEDUCTION OF DEBTS TO SUBCONTRACTORS.
Section 45-512 - JUDGMENT TO DECLARE PRIORITY.
Section 45-513 - JOINDER OF ACTIONS — FILING FEES AS COSTS — ATTORNEY’S FEES.
Section 45-514 - EXEMPTION OF MATERIALS FROM EXECUTION.
Section 45-515 - ACTION TO RECOVER DEBT.
Section 45-516 - RULES OF PRACTICE AND APPEALS.
Section 45-517 - LIEN FOR WORKER’S COMPENSATION SECURITY.
Section 45-518 - RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND — MANNER.
Section 45-519 - RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND — FORM OF BOND.
Section 45-525 - GENERAL CONTRACTORS — RESIDENTIAL PROPERTY — DISCLOSURES.