Bill Text: MS SB2363 | 2011 | Regular Session | Enrolled
Bill Title: Statutory construction lien; revise commencement of suit.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-03-30 - Approved by Governor [SB2363 Detail]
Download: Mississippi-2011-SB2363-Enrolled.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary, Division A
By: Senator(s) Burton
Senate Bill 2363
(As Sent to Governor)
AN ACT TO AMEND SECTION 85-7-141, MISSISSIPPI CODE OF 1972, TO CLARIFY JURISDICTION OVER CONSTRUCTION LIENS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 85-7-141, Mississippi Code of 1972, is amended as follows:
85-7-141. Any person entitled to and desiring to have the benefit of such lien shall commence his suit in the circuit or county court of the county in which the property or some part thereof is situated, if the principal of his demand exceeds Two Hundred Dollars ($200.00), within twelve (12) months next after the time when the money due and claimed by the suit became due and payable following the day on which the last of the labor was performed or material or rental or lease equipment was supplied by the person bringing the action, and not after; and the suit shall be commenced by petition, describing with reasonable certainty the property upon which the lien is averred to exist, and setting out the nature of the contract and indebtedness, and the amount thereof; and the plaintiff shall file therewith in all cases, except where the whole work or materials, or both, were furnished in pursuance of a written contract for an aggregate price, a bill of particulars exhibiting the amount and kind of labor performed, and of materials furnished, and the prices at which and times when the same were performed and furnished; and such suits shall be docketed and conducted as other suits in said court, and may be tried at the first term.
SECTION 2. This act shall take effect and be in force from and after July 1, 2011.
