Ohio Revised Code
Chapter 1311 | Liens
Section 1311.78 | Notifying Lien Claimant to Commence Suit.

Effective: April 16, 1993
Latest Legislation: House Bill 673 - 119th General Assembly
(A) The owner of an aircraft that is subject to a lien that arises under section 1311.72 of the Revised Code may notify the lien claimant who has perfected the lien in accordance with section 1311.73 of the Revised Code to commence suit on the lien.
(B)(1) The owner shall serve a written notice to commence suit on the lien claimant by certified mail, return receipt requested, at the address of the lien claimant or his agent as stated in the lien claimant's affidavit or at the address of the lien claimant as stated in writing in a delivery to the owner subsequent to the owner's receipt of the affidavit. Service of the notice is deemed completed when a return receipt is received by the owner indicating delivery of the notice. If a return receipt shows a failure or refusal of delivery, service is deemed completed after the owner mails a second copy of the notice by ordinary mail, provided that the notice is not returned by the postal authorities within fourteen days after the date of mailing with an endorsement showing failure of delivery.
(2) If service of the notice to commence suit cannot be made at the address stated on the affidavit or stated in subsequent written notice, and if the owner of the aircraft cannot locate the lien claimant or his agent by diligent search, the notice may be served by publication once each week for six consecutive weeks in a newspaper of general circulation in the county in which the lien claimant's address as stated in the affidavit is located. Service is completed on the date of the last publication.
(C) Within thirty days after service of the notice to commence suit is completed, the owner of the aircraft shall do all of the following:
(1) Execute an affidavit stating the manner in which service of the notice was accomplished;
(2) Attach to the affidavit a copy of the notice with a certified mail return receipt indicating the service or attempted service or a certificate of publication from the newspaper that published the notice;
(3) File the affidavit and attachment described in divisions (C)(1) and (2) of this section with the United States federal aviation administration.
(D) If a lien claimant fails to commence suit upon the lien within sixty days after completion of service of the notice to commence suit or if the lien claimant commences an action to enforce the lien and the action is dismissed with prejudice before or after adjudication, the lien is void, and the aircraft is wholly discharged from the lien. If a lien is void because of a lien claimant's failure to commence suit on the lien within sixty days after service of a notice to commence suit, the claim that is the basis of the lien is not prejudiced by the failure, except for the loss of the lien as security for the claim.

Structure Ohio Revised Code

Ohio Revised Code

Title 13 | Commercial Transactions

Chapter 1311 | Liens

Section 1311.01 | Lien Definitions.

Section 1311.011 | Liens for Home Construction Work.

Section 1311.02 | Lien of Subcontractor, Laborer or Materialman.

Section 1311.021 | Lien for Labor or Work or Materials Upon Oil or Gas Well or Facilities.

Section 1311.03 | Lien Upon Street, Turnpike, Road, Sidewalk, Way, Drain, Ditch or Sewer.

Section 1311.04 | Recording Notice of Commencement.

Section 1311.05 | Subcontractor or Materialman to Serve Notice of Furnishing.

Section 1311.06 | Affidavit - Time Period for Filing - Contents.

Section 1311.07 | Copy of Affidavit to Be Served on Owner or Lessee.

Section 1311.08 | Lien When Improvement Situated on Same or Contiguous or Adjacent Lots.

Section 1311.09 | Lien When Contracting Person Has No Title to Land Improved.

Section 1311.10 | Presumptions.

Section 1311.11 | Notifying Lienholder to Commence Suit.

Section 1311.12 | When Lien for Furnishing Materials Arises.

Section 1311.13 | Attaching of Liens - Continuance and Priority.

Section 1311.14 | Priority of Mortgage Lien.

Section 1311.15 | Superiority of Liens - Assignment - Direct Payment of Claim of Subcontractor, Materialman or Laborer.

Section 1311.16 | Proceeding by Person Holding Mechanic's Lien.

Section 1311.17 | Adjustment of Claim When Owner Fails to Perform.

Section 1311.18 | Sale of Part of Premises.

Section 1311.19 | Service.

Section 1311.20 | Damages for Neglect or Refusal to Release Lien.

Section 1311.21 | Liens Are Assignable - Lien Not Defeated by Taking Note or Security - Notice of Claim Not Yet Due - Lis Pendens.

Section 1311.22 | Liberal Construction.

Section 1311.23 | Lien Upon Mines for Labor.

Section 1311.25 | Public Improvement Definitions.

Section 1311.251 | Claim for Furnishing Materials.

Section 1311.252 | Notice of Commencement - Affidavit.

Section 1311.26 | Subcontractor, Materialman or Laborer May Serve Affidavit on Public Authority.

Section 1311.261 | Notice of Furnishing.

Section 1311.28 | Public Authority to Detain Funds Upon Receipt of Affidavit - Escrow Account.

Section 1311.29 | Copy of Affidavit to Be Filed With County Recorder to Notify Other Subcontractors, Materialmen, and Laborers - Priority of Claims.

Section 1311.31 | Action by Claimant to Enforce Payment.

Section 1311.311 | Notice to Commence Suit.

Section 1311.32 | Enforcement by Civil Action.

Section 1311.34 | Laborers Shall Have Lien Upon Real Property of Employer.

Section 1311.35 | Waiver of Lien.

Section 1311.36 | Enforcement and Priority of Liens.

Section 1311.37 | When General Employer Assumes Payment.

Section 1311.38 | Definition of Owner.

Section 1311.39 | Liens Against a Railroad Company.

Section 1311.40 | Priority of Payment in Contracts for Railroad Work.

Section 1311.41 | Precedence.

Section 1311.42 | Perfecting a Lien.

Section 1311.43 | Proceeding After Filing Affidavit.

Section 1311.44 | Proceeding by Petition.

Section 1311.45 | Contractor to Be Notified of Time of Payment.

Section 1311.46 | Adjusting Disputed Claims.

Section 1311.47 | Others Who May Claim Liens.

Section 1311.48 | Lien for Care of Animals.

Section 1311.49 | Sale of Animal to Satisfy Claim.

Section 1311.50 | Lien Upon Get for Service.

Section 1311.51 | Enforcement of Lien.

Section 1311.55 | Agricultural Product Lien.

Section 1311.56 | Perfection of Producer's or Handler's Lien - Affidavit.

Section 1311.57 | Priority and Duration of Lien.

Section 1311.59 | Rights of Executors, Administrators, Part Owners, and Lessees.

Section 1311.71 | Aircraft Definitions.

Section 1311.72 | Lien for Labor or Materials for Aircraft.

Section 1311.73 | Lien Perfected by Filing Affidavit With Faa - Form of Affidavit - Time Period for Filing.

Section 1311.74 | Service of Copy of Affidavit on Owner.

Section 1311.75 | Priority of Liens.

Section 1311.76 | Enforcement and Priority of Liens - Claimant to Give Notice of Release.

Section 1311.77 | Owner May Obtain Release of Aircraft by Filing Surety Bond.

Section 1311.78 | Notifying Lien Claimant to Commence Suit.

Section 1311.79 | Maintaining Lien After Notice to Commence Suit.

Section 1311.80 | Award of Attorney's Fees.

Section 1311.85 | Broker's Lien on Commercial Realty Definitions.

Section 1311.86 | Broker's Lien on Commercial Real Estate.

Section 1311.87 | Perfection of Lien.

Section 1311.88 | Proceedings to Enforce Lien.

Section 1311.89 | Sale of Foreclosed Property - Alternative Dispute Resolution.

Section 1311.90 | Broker to Record Release or Satisfaction.

Section 1311.91 | Priority of Mechanic's Liens.

Section 1311.92 | Transfer of Lien Property - Escrow Account.

Section 1311.93 | Liability of Broker.