§ 18-44-208 — Proceedings for establishment and enforcement

(a) Except as expressly provided in this section and §§ 18-44-201 - 18-44-207 and 18-44-209 - 18-44-210 , the lien created under the provisions of these sections shall be construed, established, preserved, and enforced in like manner and in the same time as liens of mechanics are construed, established, preserved, and enforced. (b) (1) When the labor performed or the material, supplies, or machinery furnished was entered under an open, running account, that shall be construed as a continuous contract, and the time within which the verified statement of the claim for lien shall be filed with the clerk of the circuit court shall be computed from the time upon which the last labor was in good faith performed or the last material, machinery, or supplies were in good faith furnished. (2) The lien provided for, when perfected in the manner set out in this subchapter, shall be held in law and equity as security for the entire open, running account whether it has been partially closed by note or not. (c) (1) Whenever any person shall remove any encumbered property to a county other than the one in which the lien has been filed, the lienholder, within ninety (90) days after removal, may file an itemized inventory of the property so removed. (2) (A) The inventory shall show how much there is due and unpaid thereon and shall be filed with the circuit clerk of the county to which it has been removed. (B) This filing shall operate as notice of the existence of the lien and the lien shall attach, and extend to, the land or leasehold and other premises, properties, and appurtenances to which the properties so removed shall attach of the kind and character enumerated in §§ 18-44-202 - 18-44-204 .

Legislative History

Acts 1923, No. 615, § 8; Pope's Dig., § 8912; A.S.A. 1947, § 51-708.