Demand for Enforcement of Lien

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Upon written demand of the owner, the owner's agent, or prime contractor, served on the lienor, requiring the lienor to file a complaint, petition, or civil warrant to enforce the lienor's lien, and describing the real property in the demand, the proceeding must be commenced, or the claim filed in a creditors' or foreclosure proceeding, within sixty (60) days after service, or the lien is forfeited.

Code 1932, § 7947; T.C.A. (orig. ed.), § 64-1130; Acts 2007, ch. 189, § 29; 2020, ch. 749, § 3.

Compiler's Notes. Acts 2020, ch. 749, § 42 provided that the act, which amended this section, applies to actions occurring and contracts entered into, amended, or renewed on or after July 1, 2020.

Amendments. The 2020 amendment substituted “file a complaint, petition, or civil warrant” for “commence action” and “proceeding must” for “action shall”.

Effective Dates. Acts 2020, ch. 749, § 42. July 1, 2020.

Textbooks. Tennessee Forms (Robinson, Ramsey and Harwell), No. 8-706.

Tennessee Jurisprudence, 18 Tenn. Juris., Mechanics' Liens, § 2.

Law Reviews.

Mechanics' and Materialmen's Liens, 45 Tenn. L. Rev. 741 (1978).


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