House Bill No. introduced by S. Fitzpatrick aims to revise the enforcement of liens in Montana by amending Section 71-3-1203 of the Montana Code Annotated (MCA). The bill modifies the requirements for filing a lien enforcement action, allowing it to be filed in a court of competent jurisdiction in the county where the contract was made, where the property owner resided, or where the property is located. Additionally, the bill eliminates the requirement for a summons when a claim is made under this section, substituting it with an order to show cause, which does not require prior notice or service of process on the owner.

Further changes include adjustments to the affidavit requirements for lien claims, specifying that the affidavit must state the facts entitling the lienor to a lien, the property upon which the lien is claimed, and an itemized list of unpaid charges. The bill also modifies the service requirements for the order to show cause, mandating that it be served on the owner by certified mail and first-class mail at least 21 days before the hearing. Overall, the bill streamlines the lien enforcement process and clarifies the procedures for both lienors and property owners.

Statutes affected:
LC Text: 71-3-1203
HB0529_1(1): 71-3-1203
HB0529_1(2): 71-3-1203
HB0529_1: 71-3-1203