Iowa Code 572.26 – Kinds of action — amendment
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1. An action to enforce a mechanic’s lien shall be by equitable proceedings, and no other cause of action shall be joined therewith.
Terms Used In Iowa Code 572.26
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Lien: A claim against real or personal property in satisfaction of a debt.
2. a. Except as provided in paragraph “b”, a claimant may only amend a lien statement by leave of court in furtherance of justice.
b. A claimant may amend a lien statement without leave of court to decrease the amount demanded, and such amendment shall be effected through the mechanics’ notice and lien registry. Amendment of a lien statement pursuant to this paragraph shall not change or otherwise affect its priority.
c. A claimant shall not amend a lien statement to increase the amount demanded.