Exaggeration of Claims by Lienor

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If, in any proceeding to enforce the lien provided by this chapter, the court finds that any lienor has willfully and grossly exaggerated the amount for which that person claims a lien, as stated in that person's notice of lien or pleading filed, in the discretion of the court, no recovery may be allowed thereon, and the lienor may be liable for any actual expenses incurred by the injured party, including attorneys' fees, as a result of the lienor's exaggeration.

Code 1932, § 7944; T.C.A. (orig. ed.), § 64-1141; Acts 2007, ch. 189, § 38; 2020, ch. 749, § 10.

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 “in any proceeding to enforce” for “in any action to enforce”.

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

Textbooks. 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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