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This entry was published on 2014-09-22
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Lien wilfully exaggerated is void
§ 39. Lien wilfully exaggerated is void. In any action or proceeding
to enforce a mechanic's lien upon a private or public improvement or in
which the validity of the lien is an issue, if the court shall find that
a lienor has wilfully exaggerated the amount for which he claims a lien
as stated in his notice of lien, his lien shall be declared to be void
and no recovery shall be had thereon. No such lienor shall have a right
to file any other or further lien for the same claim. A second or
subsequent lien filed in contravention of this section may be vacated
upon application to the court on two days' notice.