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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 45. Actions Relating to Real Property
- Section 164. Request For Release of Nonconsensual Common Law Lien.
previous: Section 161
. Lien Against Public Servant.
next: Section 167
. Liability of Nonconsensual Common Law Lien Claimant or Grantee.
AS 09.45.164. Request For Release of Nonconsensual Common Law Lien.
- (a) A person whose real or personal property is subject to a claim of nonconsensual common law lien that has been recorded
or filed may submit to a court of competent jurisdiction a request that the court order the release of the claim of the
nonconsensual common law lien. The request must state the grounds upon which relief is sought and must be supported by
the affidavit of the person making the request or that person's attorney setting out a concise statement of the facts
upon which the request is based.
- (b) If facts alleging the need for an expedited decision are averred, the request may ask the court to order the person
claiming the nonconsensual common law lien to appear at a hearing within 20 days of the service of the request and
order on the lien claimant. The order may be granted ex parte and shall state that, if the lien claimant fails to
appear at the time and place specified, the claim of nonconsensual common law lien shall be released, and the lien
claimant shall be ordered to pay the costs and actual reasonable attorney fees incurred by the party making the
- (c) If the court determines that the claim of nonconsensual common law lien is invalid, the court shall issue an order
releasing the claim of lien and awarding costs and actual reasonable attorney fees to the party making the request. If
the court determines that the claim of nonconsensual common law lien is valid, the court shall issue an order stating
the claim of the lien is valid and shall award costs and actual reasonable attorney fees to the lien claimant.
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