Legal Motion for Lien

LEGAL MOTION FOR LIEN

Court:    Case No.:    Judge:

Movant Name: (hereafter "Movant") and Respondent Name: (hereafter "Respondent") submit this Motion for Lien and state as follows.

RECITALS

WHEREAS, on or about , Movant and Respondent entered into a written agreement or otherwise incurred obligations by which Respondent agreed to pay Movant for services, labor, materials, or other consideration; and

WHEREAS, the total principal amount currently due and owing to Movant under the agreement, judgment, or statutory basis is , exclusive of interest, costs, and attorney's fees accruing after the date of this Motion; and

WHEREAS, the goods, services, or improvements subject to this claim are attached to, affixed to, or constitute an interest in the real property legally described as:

NOW, THEREFORE

Movant respectfully requests that the Court grant the relief set forth in the following numbered sections and enter judgment and an order imposing a lien in favor of Movant on the described property.

1. BASIS FOR LIEN

The lien sought by this Motion is based on the following legal grounds (check all that apply) and the supporting law, facts, and evidence are set forth in the accompanying declaration and exhibits:

Basis (select applicable): Contract or written agreement    Court judgment    Statutory lien (specify in exhibits)    Mechanic's or materialman's lien

2. FACTS AND AMOUNT DUE

Movant performed work, delivered materials, or otherwise provided consideration described in Exhibit A, and Respondent defaulted on the obligation on or about .

Principal claimed: ; Interest rate (if applicable): ; Accrued costs and fees:

3. REQUEST FOR RELIEF

Movant requests that the Court issue an order as follows:

1. Find that Movant is entitled to a lien in the amount of plus accrued interest, costs, and attorney's fees;
2. Enter and authorize the recordation or docketing of a lien against the described real property and any related personal property as permitted by law;
3. Set a hearing for determination of lien priority and enforcement and provide Respondent with notice as required by law;
4. Condition the lien on the posting of bond in the amount of , if the Court so requires, or waive bond for good cause shown;
5. Award Movant pre-judgment and post-judgment interest at the legal rate, costs of suit, and reasonable attorney's fees;
6. Grant such other and further relief as the Court deems just and proper.

4. NOTICE AND SERVICE

Movant will serve this Motion, any supporting declaration, and accompanying exhibits on Respondent and all interested parties at the following address for service:

Method of service (check):   U.S. Mail    Personal Delivery    Electronic Delivery (consented)

Proposed service date:

5. SUPPORTING DOCUMENTS

The following exhibits are attached in support of this Motion and are incorporated by reference: Exhibit A (contract, invoice, or work order), Exhibit B (affidavit or declaration of nonpayment), Exhibit C (legal description and/or photographs). Describe any additional exhibits:

6. DECLARATION

Movant declares under penalty of perjury under the laws of the applicable jurisdiction that the foregoing is true and correct to the best of Movant's knowledge, information, and belief, and that Movant is entitled to the relief requested.

7. MISCELLANEOUS PROVISIONS

Governing Law: This Motion and any order entered hereunder shall be governed by the laws of the jurisdiction in which the property is located.

Entire Agreement: This Motion, including its exhibits and declarations, constitutes the entire request for lien relief between the parties with respect to the subject matter herein and supersedes any prior oral or written understandings limited to the lien claims asserted.

Severability: If any provision of this Motion is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Amendments and Waiver: Any amendment or waiver of any provision of this Motion must be in writing and signed by the Movant. No course of conduct shall be deemed a waiver unless expressed in writing.

CERTIFICATION

The undersigned certifies that a true and correct copy of this Motion and all exhibits have been prepared and will be served on all parties in interest in accordance with applicable rules of court.

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