Bill Text: IA HF2246 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to a mechanic's lien and the filing of a bond.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-09 - Subcommittee, Tjepkes, Heaton, and Swaim. H.J. 243. [HF2246 Detail]
Download: Iowa-2011-HF2246-Introduced.html
House
File
2246
-
Introduced
HOUSE
FILE
2246
BY
DE
BOEF
A
BILL
FOR
An
Act
relating
to
a
mechanic’s
lien
and
the
filing
of
a
bond.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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H.F.
2246
Section
1.
Section
572.8,
Code
2011,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
1A.
At
the
time
of
the
filing
of
the
lien
3
pursuant
to
subsection
1,
the
person
shall
file
a
bond
in
the
4
amount
of
one
thousand
dollars.
5
Sec.
2.
Section
572.8,
subsection
2,
Code
2011,
is
amended
6
to
read
as
follows:
7
2.
Upon
the
filing
of
the
lien
and
the
bond
,
the
clerk
8
of
court
shall
mail
a
copy
of
the
lien
to
the
owner.
If
the
9
statement
of
the
lien
consists
of
more
than
one
page,
the
clerk
10
may
omit
such
pages
as
consist
solely
of
an
accounting
of
the
11
material
furnished
or
labor
performed.
In
this
case,
the
clerk
12
shall
attach
a
notification
that
pages
of
accounting
were
13
omitted
and
may
be
inspected
in
the
clerk’s
office.
14
Sec.
3.
Section
572.32,
subsection
2,
Code
2011,
is
amended
15
to
read
as
follows:
16
2.
In
a
court
action
to
challenge
a
mechanic’s
lien
filed
17
on
an
owner-occupied
dwelling,
if
the
person
challenging
the
18
lien
prevails,
the
court
may
award
reasonable
attorney
fees
and
19
actual
damages.
If
the
court
determines
that
the
mechanic’s
20
lien
was
filed
in
bad
faith
or
the
supporting
affidavit
was
21
materially
false,
the
court
shall
award
the
owner
reasonable
22
attorney
fees
plus
an
amount
not
less
than
five
hundred
dollars
23
or
the
amount
of
the
lien,
whichever
is
less
,
and
the
amount
of
24
the
bond
filed
pursuant
to
section
572.8
.
25
EXPLANATION
26
This
bill
requires
a
person
who
files
a
mechanic’s
lien
27
pursuant
to
Code
section
572.8
to
file
a
bond
in
the
amount
of
28
$1,000.
29
Current
law
requires
the
court,
in
a
court
action
to
30
challenge
a
mechanic’s
lien
filed
on
an
owner-occupied
31
dwelling,
to
award
the
owner
reasonable
attorney
fees
plus
an
32
amount
not
less
than
$500
or
the
amount
of
the
lien,
whichever
33
is
less,
if
the
court
determines
that
the
mechanic’s
lien
was
34
filed
in
bad
faith
or
the
supporting
affidavit
was
materially
35
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