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State of Arkansas As Engrossed: H3/13/07 86th General Assembly A Bill Regular Session, 2007 HOUSE BILL 1631 By: Representative Wills For An Act To Be Entitled : AN ACT TO AMEND ARKANSAS CODE § 18-44-101 ET SEQ. CONCERNING THE PERFECTION, FILING, AND ENFORCEMENT OF MECHANIC'S AND MATERIALMEN'S LIENS; AND FOR OTHER PURPOSES. Subtitle: TO AMEND ARKANSAS CODE § 18-44-101 ET SEQ. CONCERNING THE PERFECTION, FILING, AND ENFORCEMENT OF MECHANIC'S AND MATERIALMEN'S LIENS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Arkansas Code § 18-44-117 is amended to read as follows: 18-44-117. Filing of lien account - Abstract. (a)(1) It shall be the duty of every person who wishes to avail himself or herself of the provisions of this subchapter to file a just and true account of the demand due or owing to him or her after allowing all credits, with the clerk of the circuit court of the county in which the building, erection, or other improvement to be charged with the lien is situated and within one hundred twenty (120) days after the things specified in this subchapter shall have been furnished or the work or labor done or performed: (A) A just and true account of the demand due or owing to him or her after allowing all credits; and (B) An affidavit of notice attached to the lien account. (2) The lien account shall contain a correct description of the property to be charged with the lien, verified by affidavit. (3) The affidavit of notice shall contain: (A) A sworn statement evidencing compliance with the notice provisions of §§ 18-44-114 — 18-44-116; and (B) A copy of each notice given under §§ 18-44-114 — 18-44-116. (b)(1)(A) It shall be the duty of the clerk of the circuit court to endorse upon every account the date of its filing and to make an abstract of the account in a book kept by him or her for that purpose, properly indexed. (B) This abstract shall contain: (i) The date of the filing; (ii) The name of the person laying or imposing the lien; (iii) The amount of the lien; (iv) The name of the person against whose property the lien is filed; and (v) A description of the property to be charged with the lien. (2) For this service, the clerk shall receive the sum of three dollars ($3.00) from the person laying or imposing the lien, which shall be taxed and collected as other costs in case there is suit on the lien. (3) The clerk shall refuse to file a lien account that does not contain the affidavits and attachments required by this section. /s/ Wills APPROVED: 4/2/2007
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