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§ 1505. Procedure for contesting claim; preliminary objections

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 49 P.S. Mechanics' Liens

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 49 P.S. Mechanics' Liens
Chapter 6. Mechanics' Lien Law of 1963 (Refs & Annos)
Article V. Filing and Perfecting Claim; Discharge of Lien
49 P.S. § 1505
§ 1505. Procedure for contesting claim; preliminary objections
Any party may preliminarily object to a claim upon a showing of exemption or immunity of the property from lien, or for lack of conformity with this act. The court shall determine all preliminary objections. If an issue of fact is raised in such objections, the court may take evidence by deposition or otherwise. If the filing of an amended claim is allowed, the court shall fix the time within which it shall be filed. Failure to file an objection preliminarily shall not constitute a waiver of the right to raise the same as a defense in subsequent proceedings.

Credits

1963, Aug. 24, P.L. 1175, No. 497, art. V, § 505.
COMMENT--JOINT STATE GOVERNMENT COMMISSION 1964 REPORT
This section modifies prior practice under Section 25, Act of 1901, 49 P.S. 135, by separating preliminary objections from trial on the merits, as in assumpsit. However, unlike assumpsit, failure to file preliminary objections is not a bar to raising them as a subsequent defense. Prior practice provided for a rule on claimant to discharge the claim and expressly provided that if “the material facts” are disputed, they shall be tried by jury without further pleadings, as if a sci. fa. to reduce the claim to judgment had been filed.
HISTORICAL AND STATUTORY NOTES
Prior Laws:
1901, June 4, P.L. 431, § 25.
49 P.S. § 135.
49 P.S. § 1505, PA ST 49 P.S. § 1505
Current through 2018 Regular Session Act 164 (End)
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