Alaska Stat. § 34.35.005
Action for foreclosure
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Sec. 34.35.005. Action for foreclosure.
(a) When an action is required to enforce a lien provided for in this chapter and the action falls within the monetary jurisdiction of the district court, the action shall be started in the district court in the judicial district in which venue lies. An action that exceeds the monetary jurisdiction of the district court shall be started in the superior court in the judicial district in which venue lies. The procedure, except as otherwise provided in this chapter, is the same as in the trial of an action to secure property to hold it for the satisfaction of a lien against it.
(b) In an action to enforce a lien, the court shall allow as part of the costs all money paid for drawing the lien and for filing and recording the lien claim, and a reasonable attorney fee for the foreclosure of the lien.
(c) An action to enforce a lien created by AS 34.35.005 — 34.35.425 has preference upon the calendar of civil actions before the court and shall be tried without unnecessary delay.
(a) When an action is required to enforce a lien provided for in this chapter and the action falls within the monetary jurisdiction of the district court, the action shall be started in the district court in the judicial district in which venue lies. An action that exceeds the monetary jurisdiction of the district court shall be started in the superior court in the judicial district in which venue lies. The procedure, except as otherwise provided in this chapter, is the same as in the trial of an action to secure property to hold it for the satisfaction of a lien against it.
(b) In an action to enforce a lien, the court shall allow as part of the costs all money paid for drawing the lien and for filing and recording the lien claim, and a reasonable attorney fee for the foreclosure of the lien.
(c) An action to enforce a lien created by AS 34.35.005 — 34.35.425 has preference upon the calendar of civil actions before the court and shall be tried without unnecessary delay.
Notes of Decisions
Cited in 12
cases, 1967–2009 · leading case: D.H. Blattner & Sons, Inc. v. N.M. Rothschild & Sons, Ltd.
D.H. Blattner & Sons, Inc. v. N.M. Rothschild & Sons, Ltd. (2002)
“005(b) as providing for a mandatory award of attorney's fees whenever a party is successful in enforcing a len created by AS 34.35.005 to AS 34.35.425. 79 A determination of reasonable fees is to be made upon remand.”
Gamble v. Northstore Partnership (2001)
“11 In Rosson, we determined that in an action under a fee-shifting statute, AS 34.35.005(b), 12 the eventual prevailing party was entitled to full reasonable attorney's fees on appeal as well as at trial.”
State v. Native Village of Nunapitchuk (2007)
“2d 765, 767 (Alaska 1986) (purpose of one-way fee-shifting provision contained in AS 34.35.005(b) relating to mechanics' liens is to enable claimants "to recover judgments that would otherwise be too small to justify the expense of a lawsuit and an appeal""); see also Vazquez v.”
Valley Hosp. Ass'n, Inc. v. Brauneis (2006)
“It cites AS 34.35.005(b), which provides that the court should allow for “a reasonable attorney fee” in lien enforcement actions generally, 21 and AS 34.”
Lakloey, Inc. v. Ballek (2009)
“24 The plaintiff appealed, arguing he was entitled to attorney's fees on his single successful foreclosure under AS 34.35.005(b), which provided that "(iln an action to foreclose a lien, the court shall allow .”
Brand v. First Federal Savings & Loan Ass'n of Fairbanks (1970)
“We think it reasonable to assume that the trial court, despite the mandatory language of AS 34.35.005 (b) and AS 34.35.-110(b), set off costs and attorney’s fees it would have awarded to First Federal for its successful defense of Counts I, II, and III against the statutory…”
Bobich v. Stewart (1992)
“2d 800, 802 (Alaska 1986) (interpreting AS 34.35.005(b), which requires the court to allow successful lien claimants a reasonable attorney fee for foreclosure of a lien), modified on reh’g, 727 P.”
Kenai Peninsula Borough v. Port Graham Corp. (1994)
“2d 800, 802 (“full fees should be awarded to successful lien claimants so long as the fees are reasonable,” construing AS 34.35.005(b)), modified on reh’g, 727 P.”
Krone v. State, Department of Health & Social Services (2009)
“2d 765, 767 (Alaska 1986) (purpose of one-way fee-shifting provision contained in AS 34.35.005(b) relating to mechanic's liens is to enable claimants "to recover judgments that would otherwise be too small to justify the expense of a lawsuit and an appeal"); see also Vazquez v.”
Stephens v. Hammersley (1976)
“030(a), AS 34.35.005 (a) and AS 34.35.110(a) provide for a different result from that of our decision.”
Vaara v. Ketchikan Spruce Mills (1967)
“AS 34.35.005(a) reads: A, building or improvement mentioned in § 50 of this chapter constructed with the knowledge of the owner of the land or the person having on claiming an interest in the land is considered to be constructed at the instance of the owner or person having or…”
Krone v. STATE, DEP. OF HEAL. AND SOC. SER. (2009)
“2d 765, 767 (Alaska 1986) (purpose of one-way fee-shifting provision contained in AS 34.35.005(b) relating to mechanic's liens is to enable claimants "to recover judgments that would otherwise be too small to justify the expense of a lawsuit and an appeal"); see also Vazquez v.”
— Alaska Stat. § 34.35.005(a) — 2 cases
Vaara v. Ketchikan Spruce Mills (1967)
“AS 34.35.005(a) reads: A, building or improvement mentioned in § 50 of this chapter constructed with the knowledge of the owner of the land or the person having on claiming an interest in the land is considered to be constructed at the instance of the owner or person having or…”
Stephens v. Hammersley (1976)
“030(a), AS 34.35.005 (a) and AS 34.35.110(a) provide for a different result from that of our decision.”
— Alaska Stat. § 34.35.005(b) — 10 cases
D.H. Blattner & Sons, Inc. v. N.M. Rothschild & Sons, Ltd. (2002)
“005(b) as providing for a mandatory award of attorney's fees whenever a party is successful in enforcing a len created by AS 34.35.005 to AS 34.35.425. 79 A determination of reasonable fees is to be made upon remand.”
Gamble v. Northstore Partnership (2001)
“11 In Rosson, we determined that in an action under a fee-shifting statute, AS 34.35.005(b), 12 the eventual prevailing party was entitled to full reasonable attorney's fees on appeal as well as at trial.”
State v. Native Village of Nunapitchuk (2007)
“2d 765, 767 (Alaska 1986) (purpose of one-way fee-shifting provision contained in AS 34.35.005(b) relating to mechanics' liens is to enable claimants "to recover judgments that would otherwise be too small to justify the expense of a lawsuit and an appeal""); see also Vazquez v.”
Valley Hosp. Ass'n, Inc. v. Brauneis (2006)
“It cites AS 34.35.005(b), which provides that the court should allow for “a reasonable attorney fee” in lien enforcement actions generally, 21 and AS 34.”
Lakloey, Inc. v. Ballek (2009)
“24 The plaintiff appealed, arguing he was entitled to attorney's fees on his single successful foreclosure under AS 34.35.005(b), which provided that "(iln an action to foreclose a lien, the court shall allow .”
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