Proof that the preliminary twenty day notice required by section 33-992.01 was given in accordance with section 33-992.01, subsection F shall be made as follows:
1. If given by mail, by an acknowledgment of receipt of the notice in a form substantially as follows:
"____________________________
Signature of sender
Acknowledgment of receipt of preliminary twenty day notice
This acknowledges receipt on (insert date) of a copy of
the preliminary twenty day notice at (insert address) .
Date: _______________________________________
(Date this acknowledgment is executed)
_____________________________________
Signature of person acknowledging
receipt, with title if acknowledgment
is made on behalf of another person"
2. If a person to whom the notice is served pursuant to section 33-992.01, subsection F fails to complete the acknowledgment or fails to complete and return the acknowledgment within thirty days from the date of mailing, proof of mailing may be made by affidavit of the person making the mailing, showing the time, place and manner of mailing and facts showing that such service was made in accordance with section 33-992.01. The affidavit shall show the name and address of the person to whom a copy of the preliminary twenty day notice was mailed, and, if appropriate, the title or capacity in which he was given the notice. If mailing was made by first class mail sent with a certificate of mailing, the certificate of mailing shall be attached to the affidavit. If the mailing was by certified or registered mail, the receipt of certification or registration shall be attached to the affidavit.
Notes of Decisions
MLM Const. Co., Inc. v. Pace Corp., 836 P.2d 439 (Ariz. Ct. App. 1992).
· cites it 12× “01(C)(5); and (2) whether MLM’s lien was invalid because proof of service of the preliminary twenty day notice under A.R.S. § 33-992.02 was not attached to MLM’s notice and claim of lien as required by A.”
Allstate Util. Constr., LLC v. Towne Bank, 263 P.3d 694 (Ariz. Ct. App. 2011).
· cites it 10× “1992) (statute requires claimant to prove that it served the notice “either by obtaining the recipients’ signatures on written documents acknowledging receipt or ‘by affidavit of the person making such service’ ”) (citing A.R.S. § 33-992.02). ¶ 14 On summary judgment, it was…”
Columbia Grp., Inc. v. Jackson, 725 P.2d 1110 (Ariz. 1986).
· cites it 3× “Service was by first-class mail, with a certificate of mailing, and a proof of service was filed pursuant to § 33-992.02. None of the acknowledgments of notice were returned.”
Brown Wholesale Elec. Co. v. Safeco Ins. Co. of Am., 659 P.2d 1299 (Ariz. Ct. App. 1982).
“-01 is entitled to enforce the lien rights provided for in this section only if he has given such notice and has made proof of service pursuant to § 33-992.02. A.R.S. § 33-992.01(B), as amended in 1979, requires that a supplier to a subcontractor must: [A]s a necessary…”
Columbia Grp., Inc. v. Jackson, 725 P.2d 1120 (Ariz. Ct. App. 1985).
· cites it 4× “Service was by first class mail with a certificate of mailing, and a proof of service affidavit was filed pursuant to A.R.S. § 33-992.02. None of the acknowledgments of notice was returned.”
Old Adobe Off. Props., Ltd. v. Gin, 727 P.2d 26 (Ariz. Ct. App. 1986).
· cites it 2× “” A.R.S. § 33-992.02(2). If an owner elects to record a notice of completion at any time after completion of construction, that notice affects the time limitations for the recordation of a claim *251 ant’s notice and claim of lien.”
— Ariz. Rev. Stat. § 33-992.02(1) — 1 case
Allstate Util. Constr., LLC v. Towne Bank, 263 P.3d 694 (Ariz. Ct. App. 2011).
“1992) (statute requires claimant to prove that it served the notice “either by obtaining the recipients’ signatures on written documents acknowledging receipt or ‘by affidavit of the person making such service’ ”) (citing A.R.S. § 33-992.02). ¶ 14 On summary judgment, it was…”
— Ariz. Rev. Stat. § 33-992.02(2) — 3 cases
Allstate Util. Constr., LLC v. Towne Bank, 263 P.3d 694 (Ariz. Ct. App. 2011).
“1992) (statute requires claimant to prove that it served the notice “either by obtaining the recipients’ signatures on written documents acknowledging receipt or ‘by affidavit of the person making such service’ ”) (citing A.R.S. § 33-992.02). ¶ 14 On summary judgment, it was…”
MLM Const. Co., Inc. v. Pace Corp., 836 P.2d 439 (Ariz. Ct. App. 1992).
“01(C)(5); and (2) whether MLM’s lien was invalid because proof of service of the preliminary twenty day notice under A.R.S. § 33-992.02 was not attached to MLM’s notice and claim of lien as required by A.”
Old Adobe Off. Props., Ltd. v. Gin, 727 P.2d 26 (Ariz. Ct. App. 1986).
“” A.R.S. § 33-992.02(2). If an owner elects to record a notice of completion at any time after completion of construction, that notice affects the time limitations for the recordation of a claim *251 ant’s notice and claim of lien.”
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