§ 20-22-905 - Filing and enforcement of lien.
20-22-905. Filing and enforcement of lien.
(a) The volunteer fire department shall give ten (10) days' notice before the filing of the lien to the owner or agent that it holds a claim against the property setting forth the amount and from whom it is due. The notice may be served by any officer authorized by law to serve process in civil actions. When served by an officer, his or her official return endorsed on it shall be proof of service.
(b) Whenever property is sought to be charged with a lien under this subchapter and 23-88-102 and the owner is not a resident of this state, or conceals himself or herself or absents himself or herself from his or her usual place of abode so that the required notice cannot be served upon him or her, the notice may be filed with the clerk of the circuit court of the county in which the property to be charged with the lien is located. When filed, the lien shall have like effect as if served upon the owner or his or her agent and shall be received in all courts of this state as evidence of the service of the notice.
(c) The volunteer fire department shall file with the clerk of the circuit court of the county in which the property to be charged with the lien is located, and within one hundred twenty (120) days after the work and labor have been furnished and performed, a just and true account of the amount due and owing, after allowing all credits, and containing a correct description of the property to be charged with the lien, verified by affidavit.
(d) All liens created by this subchapter and 23-88-102 shall be enforced in the circuit court of the county wherein the property on which the lien is attached is located.
(e) All actions under this subchapter and 23-88-102 shall be commenced within fifteen (15) months after the filing of the lien. No lien shall continue to exist by virtue of the provisions of this subchapter and 23-88-102 for more than fifteen (15) months after the lien shall be filed, unless within that time an action shall be instituted thereon.
(f) The pleadings, practice, process, and other proceedings shall be the same as in ordinary civil actions and proceedings in circuit courts. The petition shall allege the facts necessary for securing a lien under this subchapter and 23-88-102 together with a complete description of the property on which the lien is attached.