Alaska Statutes
Alaska Stat. § 34.35.074 (2026)
Civil suits
✓ current as of July 2026
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Sec. 34.35.074. Civil suits.
(a) A person injured by a violation of AS 34.35.050 — 34.35.120 may bring a civil action
(1) except as provided in AS 34.35.062(c), for actual and consequential damages that are proximately caused by the violation plus costs, including reasonable attorney fees;
(2) to enjoin the violation, and if the person prevails, the person shall be awarded costs, including reasonable attorney fees.
(b) A claimant who gives a stop-lending notice or has a claim of lien recorded under AS 34.35.075 and who fails to promptly revoke the stop-lending notice or remove the claim of lien from the record upon receiving payment in full on the claim or discovering that the stop-lending notice or claim of lien is in error, unjust, premature, or excessive is liable for actual and consequential damages caused by giving the stop-lending notice or improperly recorded claim of lien plus costs, including reasonable attorney fees.
(a) A person injured by a violation of AS 34.35.050 — 34.35.120 may bring a civil action
(1) except as provided in AS 34.35.062(c), for actual and consequential damages that are proximately caused by the violation plus costs, including reasonable attorney fees;
(2) to enjoin the violation, and if the person prevails, the person shall be awarded costs, including reasonable attorney fees.
(b) A claimant who gives a stop-lending notice or has a claim of lien recorded under AS 34.35.075 and who fails to promptly revoke the stop-lending notice or remove the claim of lien from the record upon receiving payment in full on the claim or discovering that the stop-lending notice or claim of lien is in error, unjust, premature, or excessive is liable for actual and consequential damages caused by giving the stop-lending notice or improperly recorded claim of lien plus costs, including reasonable attorney fees.
Notes of Decisions
Cited in 2
cases, 2009–2011 · leading case: Lakloey, Inc. v. Ballek, 211 P.3d 662 (Alaska 2009).
Lakloey, Inc. v. Ballek, 211 P.3d 662 (Alaska 2009). “AS 34.35.074 provides in part: (a) A person injured by a violation of AS 34.”
3-D & Co. v. Tew's Excavating, Inc., 258 P.3d 819 (Alaska 2011). “AS 34.35.074(b) states: A claimant who gives a stop-lending notice or has a claim of lien recorded under AS 34.”
— Alaska Stat. § 34.35.074(a)(2) — 1 case
Lakloey, Inc. v. Ballek, 211 P.3d 662 (Alaska 2009). “AS 34.35.074 provides in part: (a) A person injured by a violation of AS 34.”
— Alaska Stat. § 34.35.074(b) — 1 case
3-D & Co. v. Tew's Excavating, Inc., 258 P.3d 819 (Alaska 2011). “AS 34.35.074(b) states: A claimant who gives a stop-lending notice or has a claim of lien recorded under AS 34.”
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