The action may be commenced by any lienholder who has filed a lien statement for record and served a copy thereof on the owner pursuant to section 514.08, and all other such lienholders shall be made defendants therein. The summons shall state that the complaint has been filed with the court administrator and shall be of no effect unless such complaint be in fact so filed. It shall contain a notice that the action is brought to foreclose a lien, giving the amount thereof, and a brief description of the premises affected, and of the improvement out of which the lien arose, and shall require each defendant to file an answer to the complaint with the court administrator within 20 days after service on the defendant. Such answer, in addition to all other matters proper to be pleaded, shall set up any lien claimed by the defendant, and demand the enforcement thereof. No copies of such complaint or answer need be served on any party, upon demand or otherwise, and all averments of the answer shall be taken as denied without further pleading.
Notes of Decisions
Ryan Contracting, Inc. v. Jag Investments, Inc., 634 N.W.2d 176 (Minn. 2001).
· cites it 40× “Minn.Stat. § 514.11. The mechanics' lien statutes also provide a one-year time limit on the commencement of the action: No lien shall be enforced in any case unless the holder thereof shall assert the same, either by filing a complaint or answer with the court administrator,…”
Eclipse Architectural Grp., Inc. v. Lam, 814 N.W.2d 692 (Minn. 2012).
· cites it 12× “08,” Minn.Stat. § 514.11 (2010), may the lienholder commence an action in district court to foreclose a lien.”
Mavco, Inc. v. Eggink, 739 N.W.2d 148 (Minn. 2007).
· cites it 10× “A mechanic’s lien foreclosure action “may be commenced by any lienholder who has filed a lien statement for record and served a copy thereof on the owner,” Minn.Stat. § 514.11 (2006), but the lien-holder must meet certain statutory requirements that govern such actions.”
Guillaume & Assocs., Inc. v. Don-John Co., 336 N.W.2d 262 (Minn. 1983).
· cites it 6× “01-17 (1982), insofar as the rules are inconsistent with the statutes. The statute at issue requires each defendant in a mechanics lien action “to file his answer to the complaint with the clerk within 20 days after service on him.”
Mavco, Inc. v. Eggink, 720 N.W.2d 841 (Minn. Ct. App. 2006).
· cites it 8× “Minn.Stat. § 514.11 (2004), which governs commencement of a mechanic's lien foreclosure action, defines the defendants in the action in terms of lienholders that have "filed a lien statement for record.”
Parker v. O'PHELAN, 414 N.W.2d 534 (Minn. Ct. App. 1987).
· cites it 2× “The me *537 chanic’s lien statute required the answer to be filed within 20 days, Minn.Stat. § 514.11 (1982), and Minn.R.Civ.”
AAA Elec. & Neon Serv., Inc. v. R-Design Co., 364 N.W.2d 869 (Minn. Ct. App. 1985).
· cites it 6× “Minn.Stat. § 514.11, which provides for the commencement of an action to foreclose a mechanic’s lien, states, in part, that [t]he summons shall state that the complaint has been filed with the clerk and shall be of no effect unless such complaint be in fact so filed.”
O. B. Thompson Elec. Co. v. Milliman & Larson, Inc., 128 N.W.2d 751 (Minn. 1964).
· cites it 10× “It is apparent that petitioner’s counsel proceeded' by petition for intervention through a misunderstanding of the provisions of § 514.11, which relates to commencement of lienholders’ actions, and § 514.”
Nw. Wholesale Lumber, Inc. v. Citadel Co., 415 N.W.2d 399 (Minn. Ct. App. 1987).
· cites it 4× “02 was not inconsistent with Minn.Stat. § 514.11 (1982). The trial court here relied on this finding to conclude that Rule 6.”
Eclipse Architectural Grp., Inc. v. Lam, 799 N.W.2d 632 (Minn. Ct. App. 2011).
· cites it 6× “” A right to file a lien ceases 120 days after the last item of work is performed or materials are provided, unless within this period (1) a statement of claim is filed with the county recorder, registrar of titles, or secretary of state, depending on the type of property…”
Nw. Wholesale Lumber, Inc. v. Citadel Co., 457 N.W.2d 244 (Minn. Ct. App. 1990).
· cites it 2× “Minn.Stat. § 514.11 (1982). Thus, while filing a lien statement is an act to perfect a lien which is excepted from the automatic stay, see Yobe Electric, Inc.”
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