§ 71-3-605 — How To Obtain Lien -- Form Of Claim

Montana § 71-3-605

• Jurisdiction: Montana
• Title 71: MORTGAGES, PLEDGES, AND LIENS
• Ch. 3: LIENS
• Part 6: Loggers' Liens

Text

71-3-605 . How to obtain lien -- form of claim. (1) A person, within 30 days after the close of the rendition of the services or after the close of the work or labor mentioned in 71-3-601 , claiming the benefit of this part shall file for record with the county in which the sawlogs, piling, railroad ties, cordwood, or other timber was cut or in which the lumber or shingles were manufactured a claim containing a statement of the person's demand and the amount, after deducting as nearly as possible all just credits and offsets, with the name of the person by whom the person was employed and with a statement of the terms and conditions of the person's contract, if any. If there is no express contract, the claim must state what the service, work, or labor is reasonably worth. It must also contain a description of the property to be charged with a lien sufficient for identification with reasonable certainty, and the claim must be verified by the oath of the person or some other person to the effect that the affiant believes the claim to be true.
(2) The claim must be substantially in the following form:
...., Claimant, vs. ....
Notice is hereby given that .... of .... County, state of Montana, claims a lien upon a .... of ...., being about .... in quantity, which were cut or manufactured in .... County, state of Montana, are marked ...., and are now lying in a .... for labor performed upon and assistance rendered in .... the ....; that the name of the owner or reputed owner is ....; that .... employed .... to perform the labor and render the assistance upon the following terms and conditions: The .... agreed to pay the .... for the labor and assistance ....; that the contract has been faithfully performed and fully complied with on the part of ...., who performed labor upon and assisted in .... for a period of ....; that the labor and assistance were performed and rendered upon .... between the .... day of .... and the .... day of ...., and the rendition of the service was closed on the .... day of ...., and 30 days have not elapsed since that time; that the amount of the claimant's demand for services is ....; that no part of the demand has been paid except ...., and there is now due and remaining unpaid, after deducting all just credits and offsets, the sum of ...., in which amount the claimant claims a lien upon ....; that claimant .... also claims a lien on all .... now owned by .... of the county to secure payment for the work and labor performed in obtaining or securing the logs, piling, railroad ties, cordwood, or other timber, lumber, or shingles described.
...., Claimant. State of Montana, County of ....
...., being first duly sworn, on oath says that the claimant is .... named in the foregoing claim, has heard the claim read, and knows the contents of the claim, and believes the same to be true.
................
Subscribed and sworn to before me this .... day of ....
................

Legislative History

En. Sec. 7, p. 128, L. 1899; re-en. Sec. 5825, Rev. C. 1907; re-en. Sec. 8324, R.C.M. 1921; re-en. Sec. 8324, R.C.M. 1935; R.C.M. 1947, 45-407; amd. Sec. 2282, Ch. 56, L. 2009.