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18-44-116. Service on nonresident or absconder.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-44-116. Service on nonresident or absconder.
(a)(1) Whenever property is sought to be charged with a lien under this subchapter, the notice may be filed with the recorder of deeds of the county in which the property is situated if the owner of the property so sought to be charged:
(A) Is not a resident of this state;
(B) Does not have an agent in the county in which the property is situated;
(C) Is a resident of this state but not of the county in which the property is situated; or
(D) Conceals himself or herself, has absconded, or absents himself or herself from his or her usual place of abode, so that the notice required by § 18-44-114 or § 18-44-115 cannot be served upon him or her.
(2) When filed, the notice shall have like effect as if served upon the owner or his or her agent in the manner contemplated in § 18-44-114 or § 18-44-115.
(b) A copy of the notice so filed, together with the certificate of the recorder of deeds that it is a correct copy of the notice so filed, shall be received in all courts of this state as evidence of the service, as provided in this section, of the notice.
(c)(1) The recorder of deeds in each county of this state shall receive, file, and keep every such notice presented to him or her for filing and shall further record it at length in a separate book appropriately entitled.
(2) For service so performed, the recorder of deeds shall receive for each notice, the sum of twenty-five cents (25¢), and for each copy certified, as stated in this section, of each of the notices he or she shall receive the sum of fifty cents (50¢), to be paid by the party so filing or procuring the certified copy, as the case may be.
(d) The costs of filing and of one (1) certified copy shall be taxed as costs in any lien suit to which it
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-44-116
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:18-44-116
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 0e2752f634e3cb64c9ea1afce91535c8fe55d13d2e502e142226a5484e97dfc1
Source location: content.xml paragraph 8748
Stored source content
18-44-116. Service on nonresident or absconder.
(a)(1) Whenever property is sought to be charged with a lien under this subchapter, the notice may be filed with the recorder of deeds of the county in which the property is situated if the owner of the property so sought to be charged:
(A) Is not a resident of this state;
(B) Does not have an agent in the county in which the property is situated;
(C) Is a resident of this state but not of the county in which the property is situated; or
(D) Conceals himself or herself, has absconded, or absents himself or herself from his or her usual place of abode, so that the notice required by § 18-44-114 or § 18-44-115 cannot be served upon him or her.
(2) When filed, the notice shall have like effect as if served upon the owner or his or her agent in the manner contemplated in § 18-44-114 or § 18-44-115.
(b) A copy of the notice so filed, together with the certificate of the recorder of deeds that it is a correct copy of the notice so filed, shall be received in all courts of this state as evidence of the service, as provided in this section, of the notice.
(c)(1) The recorder of deeds in each county of this state shall receive, file, and keep every such notice presented to him or her for filing and shall further record it at length in a separate book appropriately entitled.
(2) For service so performed, the recorder of deeds shall receive for each notice, the sum of twenty-five cents (25¢), and for each copy certified, as stated in this section, of each of the notices he or she shall receive the sum of fifty cents (50¢), to be paid by the party so filing or procuring the certified copy, as the case may be.
(d) The costs of filing and of one (1) certified copy shall be taxed as costs in any lien suit to which it pertains to abide the result of the suit.
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Arkansas Code — all titles (historical 2020) · legal_authorities
18-44-114. Notice and service generally.
(a) Every person who may wish to avail himself or herself of the benefit of the provisions of this subchapter shall give ten (10) days' notice before the filing of the lien, as required in § 18-44-117(a), to the owner of a building or improvement that he or she holds a claim against the building or improvement, setting forth the amount and from whom it is due.
(b)(1) The notice may be served by any:
(A) Officer authorized by law to serve process in a civil action;
(B) Person who would be a competent witness;
(C) Form of mail addressed to the person to be served, with a return receipt requested and delivery restricted to the addressee or the agent of the addressee; or
(D) Means that provides written, third-party verification of delivery at any place where the owner of the building or improvement maintains an office, conducts business, or resides.
(2)(A)(i) When served by an officer, his or her official return endorsed on the notice shall be proof of the service.
(ii) When served by any other person, the fact of the service shall be verified by affidavit of the person serving the notice.
(B)(i) When served by mail, the service shall be:
(a) Complete when mailed; and
(b) Verified by a return receipt signed by the addressee or the agent of the addressee, or a returned envelope, postal document, or affidavit by a postal employee reciting or showing refusal of the notice by the addressee or that the item was unclaimed.
(ii) If delivery of the mailed notice is refused by the addressee or the item is unclaimed:
(a) The lien claimant shall immediately send the owner of the building or improvement a copy of the notice by first class mail and may proceed to file his or her lien; and
(b) The unopened original of t
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-44-114
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-44-114. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-44-115. Notice to owner by contractor — Definitions.
(a)(1) No lien upon residential real estate containing four (4) or fewer units may be acquired by virtue of this subchapter unless the owner of the residential real estate, the owner's authorized agent, or the owner's registered agent has received, by personal delivery or by certified mail, a copy of the notice set out in this subsection.
(2) The notice required by this subsection shall not require the signature of the owner of the residential real estate, the owner's authorized agent, or the owner's registered agent in an instance when the notice is delivered by certified mail.
(3) It shall be the duty of the residential contractor to give the owner, the owner's authorized agent, or the owner's registered agent the notice set out in this subsection on behalf of all potential lien claimants before the commencement of work.
(4) If a residential contractor fails to give the notice required under this subsection, then the residential contractor is barred from bringing an action either at law or in equity, including without limitation quantum meruit, to enforce any provision of a residential contract.
(5)(A) Any potential lien claimant may also give notice.
(B)(i) If before commencing work or supplying goods a subcontractor, material supplier, laborer, or other lien claimant gives notice under this section, the notice shall be effective for all subcontractors, material suppliers, laborers, and other lien claimants not withstanding that the notice was given after the project commences as defined under § 18-44-110(a)(2).
(ii) If the notice relied upon by a lien claimant to establish a lien under this subchapter is given by another lien claimant under subdivision (a)(5)(B)(i) of this section after the projec
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-44-115
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-44-115. This identifies an authority to review, not proof of applicability.