S-4359 _______________________________________________
SUBSTITUTE SENATE BILL NO. 3948
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State of Washington 49th Legislature 1986 Regular Session
By Senate Committee on Transportation (originally sponsored by Senator Peterson)
Read first time 2/7/86.
AN ACT Relating to transportation liens; amending RCW 60.24.075; and adding a new section to chapter 60.24 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 60.24 RCW to read as follows:
The lot tract, parcel of land, or any other type of real property or real property improvements upon which the type of activities listed in RCW 60.24.020, 60.24.030, or 60.24.035 are to be performed, or so much property thereof as may be necessary to satisfy the lien and the judgment thereon, to be determined by the court on rendering judgment in a foreclosure of lien, shall also be subject to the lien to the extent of its interest of the persons who in their own behalf, or through any of their agents, caused any of the types of activities listed in RCW 60.24.020, 60.24.030, or 60.24.035.
Sec. 2. Section 7, chapter 132, Laws of 1893 and RCW 60.24.075 are each amended to read as follows:
Every
person, within ((thirty)) sixty days after the close of the
rendition of the services, or after the close of the work or labor mentioned in
the preceding sections, claiming the benefit hereof, must file for record with
the county auditor of the county in which such saw logs, spars, piles, and
other timber were cut, or in which such lumber or shingles were manufactured, a
claim containing a statement of his demand and the amount thereof, after
deducting as nearly as possible all just credits and offsets, with the name of
the person by whom he was employed, with a statement of the terms and
conditions of his contract, if any, and in case there is no express contract,
the claim shall state what such service, work, or labor is reasonably
worth; and it shall also contain a description of the property to be charged
with the lien sufficient for identification with reasonable certainty, which
claim must be verified by the oath of himself or some other person to the
effect that the affiant believes the same to be true, which claim shall be
substantially in the following form:
.......... Claimant, vs. .......... .
Notice is hereby given that .......... of .......... county, state of Washington, claims a lien upon a .................... of .......... , being about .......... in quantity, which were cut or manufactured in .......... county, state of Washington, are marked thus .......... , and are now lying in ............... , for labor performed upon and assistance rendered in .......... said .......... ; that the name of the owner or reputed owner is .......... ; that .......... employed said .......... to perform such labor and render such assistance upon the following terms and conditions, to wit:
The said
.......... agreed to pay the said .......... for such labor and assistance
.......... ; that said contract has been faithfully performed and fully
complied with on the part of said .......... , who performed labor upon
and assisted in .......... said .......... for the period of .......... ;
that said labor and assistance were so performed and rendered upon said
.......... between the ..... day of .......... and the ..... day of ..........
; and the rendition of said service was closed on the ..... day of
.......... , and ((thirty)) sixty days have not elapsed
since that time; that the amount of claimant's demand for said service is
.......... ; that no part thereof has been paid except ..........
, and there is now due and remaining unpaid thereon, after deducting all
just credits and offsets, the sum of .......... , in which amount he
claims a lien upon said ............... . The said .......... also claims
a lien on all said .......... now owned by said .......... of said county to
secure payment for the work and labor performed in obtaining or securing the
said logs, spars, piles, or other timber, lumber, or shingles
herein described.
!ixState of Washington, county of .......... ss.
.......... being first duly sworn, on oath says that he is .......... named in the foregoing claim, has heard the same read, knows the contents thereof, and believes the same to be true.
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Subscribed and sworn to before me this ..... day of .......... .
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