Legislation
SECTION 46
Action in a court not of record
Lien (LIE) CHAPTER 33, ARTICLE 3
§ 46. Action in a court not of record. If an action to enforce a
mechanic's lien against real property is brought in a court not of
record, it shall be commenced by the personal service upon the owner of
a summons and complaint verified in the same manner as a complaint in an
action in a court of record. The complaint must set forth substantially
the facts contained in the notice of lien, and the substance of the
agreement under which the labor was performed or the materials were
furnished. The form and contents of the summons shall be the same as
provided by law for the commencement of an action upon a contract in
such court. The summons must be returnable not less than twelve nor more
than twenty days after the date of the summons, or if service is made by
publication, after the day of the last publication of the summons.
Service must be made at least eight days before the return day.
mechanic's lien against real property is brought in a court not of
record, it shall be commenced by the personal service upon the owner of
a summons and complaint verified in the same manner as a complaint in an
action in a court of record. The complaint must set forth substantially
the facts contained in the notice of lien, and the substance of the
agreement under which the labor was performed or the materials were
furnished. The form and contents of the summons shall be the same as
provided by law for the commencement of an action upon a contract in
such court. The summons must be returnable not less than twelve nor more
than twenty days after the date of the summons, or if service is made by
publication, after the day of the last publication of the summons.
Service must be made at least eight days before the return day.