MISSISSIPPI LEGISLATURE

2006 Regular Session

To: Judiciary B

By: Representative Fillingane

House Bill 411

AN ACT TO AMEND SECTION 85-7-261, MISSISSIPPI CODE OF 1972, TO REQUIRE PROOF OF DEBT AND NOTICE IN ORDER TO ENFORCE A LIEN; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 85-7-261, Mississippi Code of 1972, is amended as follows:

     85-7-261.  Unless otherwise expressly provided, the liens created or mentioned in this chapter shall exist by virtue of the relation of the parties, and without any writing, or if in writing, without recording; and the rights and liens conferred may be asserted and enforced by the assigns and personal representatives of the lienor.  Before a lien can be enforced proof of the debt and notice shall be provided to the party subject to the lien.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2006.