Action by Court on Lien

Action by Court on Lien. Upon finding probable cause for the lien to attach, the court shall set for trial the claim within 90 days unless for good cause shown the matter should be delayed. Where the trial on the merits cannot be had within the 90 day period from the attachment of the lien, the court shall require the party seeking delay to post a cash bond sufficient to either satisfy the lien if the party seeking delay is the owner, or cover lost rental income if the lien should prevent use of the property and the party seeking delay is the lien claimant, plus anticipated attorneys fees. Trial shall be to the court, with no right to a jury trial for any party. Any party aggrieved by a final judgment entered pursuant to this chapter may appeal the judgment within 30 days. The appeal shall proceed on the normal appellate calendar. The party prevailing on the appeal shall be awarded their reasonable attorneys fees. Source: PL 10-65, § 6.