Section 38. Itemized statement may be required of lienor  


Latest version.
  • A lienor who has
      filed a notice of lien shall, on demand in writing, deliver to the owner
      or contractor making such demand a statement in writing which shall  set
      forth  the  items  of  labor and/or material and the value thereof which
      make up the amount for which he claims a lien, and which shall also  set
      forth  the  terms of the contract under which such items were furnished.
      The statement shall be verified by the lienor or his agent in  the  form
      required  for  the  verification  of  notices  in  section  nine of this
      chapter. If the lienor shall fail to comply with such  a  demand  within
      five  days  after  the  same  shall  have  been  made  by  the  owner or
      contractor, or if the lienor delivers  an  insufficient  statement,  the
      person  aggrieved  may  petition  the supreme court of this state or any
      justice thereof, or the county court of the county  where  the  premises
      are  situated, or the county judge of such county for an order directing
      the lienor within a time specified  in  the  order  to  deliver  to  the
      petitioner  the  statement required by this section. Two days' notice in
      writing of such application  shall  be  served  upon  the  lienor.  Such
      service  shall  be  made  in the manner provided by law for the personal
      service of a summons. The court or a justice or judge thereof shall hear
      the parties and  upon  being  satisfied  that  the  lienor  has  failed,
      neglected  or  refused  to  comply with the requirements of this section
      shall have an appropriate order directing such compliance. In  case  the
      lienor fails to comply with the order so made within the time specified,
      then upon five days' notice to the lienor, served in the manner provided
      by  law for the personal service of a summons, the court or a justice or
      judge thereof may make an order cancelling the lien.