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18-44-117. Filing of lien.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-44-117. Filing of lien.
(a)(1) A person who wishes to avail himself or herself of the provisions of this subchapter has a duty to file with the clerk of the circuit court of the county in which the building, erection, or other improvement to be charged with the lien is situated and within one hundred twenty (120) days after the things specified in this subchapter have been furnished or the work or labor done or performed:
(A) A just and true account of the demand due or owing to him or her after allowing all credits; and
(B) An affidavit of notice attached to the lien account.
(2)(A) The lien account shall contain a correct description of the property to be charged with the lien, verified by affidavit.
(B) For real property, a street address is not a correct description of the property under subdivision (a)(2)(A) of this section.
(3) The affidavit of notice shall contain:
(A) A sworn statement evidencing compliance with the applicable notice provisions of §§ 18-44-114 — 18-44-116;
(B) A copy of each applicable notice given under §§ 18-44-114 — 18-44-116; and
(C) A copy of the proof of service required under § 18-44-114.
(b)(1)(A) The clerk of the circuit court has a duty to endorse upon every account the date of its filing and to make an abstract of the account in a book kept by him or her for that purpose, properly indexed.
(B) This abstract shall contain:
(i) The date of the filing;
(ii) The name of the person laying or imposing the lien;
(iii) The amount of the lien;
(iv) The name of the person against whose property the lien is filed; and
(v) A description of the property to be charged with the lien.
(C) For real property, a street address is not a sufficient description under subdivision (b)(1)(B) of this section.
(2) For this
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-44-117
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:18-44-117
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 905a6624978ed7cff1ed9601ca1b3b60726daefa411286caf2bc79da54aa49d9
Source location: content.xml paragraph 8772
Stored source content
18-44-117. Filing of lien.
(a)(1) A person who wishes to avail himself or herself of the provisions of this subchapter has a duty to file with the clerk of the circuit court of the county in which the building, erection, or other improvement to be charged with the lien is situated and within one hundred twenty (120) days after the things specified in this subchapter have been furnished or the work or labor done or performed:
(A) A just and true account of the demand due or owing to him or her after allowing all credits; and
(B) An affidavit of notice attached to the lien account.
(2)(A) The lien account shall contain a correct description of the property to be charged with the lien, verified by affidavit.
(B) For real property, a street address is not a correct description of the property under subdivision (a)(2)(A) of this section.
(3) The affidavit of notice shall contain:
(A) A sworn statement evidencing compliance with the applicable notice provisions of §§ 18-44-114 — 18-44-116;
(B) A copy of each applicable notice given under §§ 18-44-114 — 18-44-116; and
(C) A copy of the proof of service required under § 18-44-114.
(b)(1)(A) The clerk of the circuit court has a duty to endorse upon every account the date of its filing and to make an abstract of the account in a book kept by him or her for that purpose, properly indexed.
(B) This abstract shall contain:
(i) The date of the filing;
(ii) The name of the person laying or imposing the lien;
(iii) The amount of the lien;
(iv) The name of the person against whose property the lien is filed; and
(v) A description of the property to be charged with the lien.
(C) For real property, a street address is not a sufficient description under subdivision (b)(1)(B) of this section.
(2) For this service, the person laying or imposing the lien shall submit the fee required by § 21-6-306 to the clerk of the circuit court, and the fee shall be taxed and collected as other costs in case there is a suit on the lien.
(3) The clerk of the circuit court shall not file a lien account that does not contain the affidavits and attachments required by this section.
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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
18-44-116. 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. The source passage cites 18-44-116. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-6-306. Recorders.
(a)(1) The uniform fees to be charged by the recorders in the various counties in this state shall be as follows:
(A) For recording deeds, deeds of trust, mortgages, release deeds, powers of attorney, plats, survey plats, notary bonds, foreign judgments, materialmen's liens, and other recordable instruments, except as otherwise prescribed in this section, fifteen dollars ($15.00) for one (1) page, one (1) side only, and five dollars ($5.00) for each additional page;
(B) For recording mortgage assignments, mortgage releases, and other instruments when multiple instruments are listed in a single document, an additional fee of fifteen dollars ($15.00) per instrument listed not to exceed three hundred dollars ($300) shall be charged; and
(C) Eight dollars ($8.00) for filing or recording a certificate of assessment or any other instrument not specified in this subsection.
(2) If the recorder waives the requirements of § 14-15-402(b)(1) for good cause, the instrument may be recorded for an additional fee of twenty-five dollars ($25.00).
(b)(1) All fees collected under this section shall be paid into the county treasury to the credit of the fund to be known as the “county recorder's cost fund”.
(2) Moneys deposited into this fund shall be appropriated and expended for the uses designated in this section by the quorum court at the direction of the recorder.
(3) Appropriated moneys shall be placed into line items within the recorder's budget as approved by the quorum court.
(c)(1) All moneys collected by the recorder as a fee as provided in this section shall be used by the recorder's office to offset administrative costs.
(2)(A) At least twenty-five percent (25%) of the moneys collected annually shall be used to purchase, maintain, and o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-6-306
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 21-6-306. This identifies an authority to review, not proof of applicability.