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§ 1502. Filing and notice of filing of claim

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 49 P.S. Mechanics' LiensEffective: January 1, 2007

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
Effective: January 1, 2007
49 P.S. § 1502
§ 1502. Filing and notice of filing of claim
(a) Perfection of Lien. To perfect a lien, every claimant must:
(1) file a claim with the prothonotary as provided by this act within six (6) months after the completion of his work; and
(2) serve written notice of such filing upon the owner within one (1) month after filing, giving the court, term and number and date of filing of the claim. An affidavit of service of notice, or the acceptance of service, shall be filed within twenty (20) days after service setting forth the date and manner of service. Failure to serve such notice or to file the affidavit or acceptance of service within the times specified shall be sufficient ground for striking off the claim.
(b) Venue; property in more than one county. Where the improvement is located in more than one county, the claim may be filed in any one or more of said counties, but shall be effective only as to the part of the property in the county in which it has been filed.
(c) Manner of service. Service of the notice of filing of claim shall be made by an adult in the same manner as a writ of summons in assumpsit, or if service cannot be so made then by posting upon a conspicuous public part of the improvement.

Credits

1963, Aug. 24, P.L. 1175, No. 497, art. V, § 502. Amended 2006, June 29, P.L. 210, No. 52, § 3, effective Jan. 1, 2007.
COMMENT--JOINT STATE GOVERNMENT COMMISSION 1964 REPORT
Subsection (a). Subsection (a)(1) provides a uniform fourmonth filing limitation for both new construction and alterations and repairs. Section 10, Act of 1901, 49 P.S. 52, provided as to alterations and repairs that a claim must be filed within three months after completion and as to new construction within six months.
Subsection (a)(2) is taken from Section 21, Act of 1901, as amended 1917, April 5, P.L. 42, 49 P.S. 131. That section required the affidavit of service to be filed within the 30-day period allowed for service. Subsection (a)(2) provides that the affidavit of service can be filed within 20 days after service has been completed, thus allowing time for the preparation of the affidavit where it is filed in the last few days of the 30-day period.
The affidavit of service must be filed even though service is accepted. This follows prior decisional law. Day and Zimmerman, Inc. v. Blocked Iron Corp., 15 D. & C.2d 251, Aff. 394 Pa. 386 (1959), 147 A.2d 332.
Subsection (b). Subsection (b) is adapted from Section 11, Act of 1901, as amended 1905, April 17, P.L. 172, 49 P.S. 53. It clarifies the practice where an improvement is located in more than one county. Failure to file the lien in all counties will not invalidate the claim but will restrict it only to those counties where filed.
Subsection (c). Subsection (c) conforms the manner of service to assumpsit. The provision for posting the premises is adapted from Section 21, Act of 1901, as amended 1917, April 5, P.L. 42, 49 P.S. 131.
HISTORICAL AND STATUTORY NOTES
Prior Laws:
1901, June 4, P.L. 431, §§ 10, 11, 21.
1905, April 17, P.L. 172, § 1.
1917, April 5, P.L. 42, § 1.
49 P.S. §§ 52, 53, 131.
49 P.S. § 1502, PA ST 49 P.S. § 1502
Current through 2018 Regular Session Act 164 (End)
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