10 LC 29
4414S
The
House Committee on Judiciary offers the following substitute to SB
362:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of
Georgia Annotated, relating to liens of mechanics and materialmen, so as to
provide for amended liens; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia
Annotated, relating to liens of mechanics and materialmen, is amended by
revising Code Section 44-14-361.1, relating to how materialmen's liens are
declared, created, and recorded, by adding a new subsection to read as
follows:
"(a.1)
A claim of lien may be amended at any time to reduce the amount claimed, and
such amended claim of lien shall relate back to the date of filing for record of
the original claim of lien. An amended claim of lien filed for record pursuant
to this subsection shall be in substance as follows:
'That
certain claim of lien filed by A.B. against property of C.D. on (date) and
recorded at book (book#), page (page#) in the lien index of (name of county)
County is hereby amended by reducing the amount of such claim of lien to
(specify reduced amount claimed). The remaining terms of such original claim of
lien are hereby incorporated by reference into this amended claim of lien. This
amended claim of lien relates back to the date that such original claim of lien
was filed for record.'
and
shall be sent to the owner of the property in the same manner as required for a
claim of lien in paragraph (2) of subsection (a) of this Code
section."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.