(a) The lien under G.S. 44A-55 expires 120 days after the date the lienor voluntarily surrenders possession of the aircraft, unless the lienor, prior to the expiration of the 120-day period, files a notice of lien in the office of the clerk of court of the county in which the labor, skill, or materials were expended on the aircraft, or the storage was furnished for the aircraft.
(b) The notice of lien shall state all of the following:
(1) The name of the lienor.
(2) The name of the registered owner of the aircraft, if known.
(3) The name of the person with whom the lienor entered into a contract for labor, skill, or materials on the aircraft, or storage of the aircraft.
(4) A description of the aircraft sufficient for identification.
(5) The amount for which the lien is claimed.
(6) The dates upon which the expenditure of labor, skill, materials, or storage was commenced and completed, or, if not completed, the date through which the claimed amount is calculated.
(c) The notice of lien shall be sworn to or affirmed, and subscribed by the lienor, or by someone on the lienor’s behalf having personal knowledge of the facts.
(d) The notice of lien shall be in substantially the following form:
“NOTICE OF LIEN ON AIRCRAFT
[Lienor] Lienor, v. [Owner] Owner
Notice is hereby given that [Lienor](name) claims a lien upon _______________ [aircraft](describe the aircraft) for labor, skill, or materials expended on, and for storage furnished for, this aircraft; that the name of the registered owner or reputed owner, if the aircraft is not registered or the registered owner is not known, is [Owner](name), that the labor, skill, or materials were expended on the aircraft commencing the ____ day of ________, and storage was furnished on the aircraft commencing the ____ day of ________, and the labor, skill, materials, and storage furnished by the lienor [was completed] [is ongoing] on the ____ day of ________; that 120 days have not elapsed since the aircraft was released by the lienor; that the amount the lienor demands for the labor, skill, materials, and storage furnished, as of the date hereof is $________ (amount); that no part thereof has been paid except $________ (amount); and that there is now due and remaining unpaid, after deducting all credits and offsets, the sum of $________ (amount), in which amount [Lienor](name) claims a lien upon the aircraft.
(Signed) ________________ (Lienor)
Address of Lienor ___________________
State of North Carolina
County of ____________
Sworn to (or affirmed) and subscribed before me this day by [name of principal].
Date:_________________________ [Official Signature of Notary]
______________________ [Notary’s printed or typed name], Notary Public
______________________ My Commission Expires:[Date]
[Official Seal]” (2006-222, s. 1.1.)
Terms Used In North Carolina General Statutes 44A-60
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Aircraft: As the term is defined in G. See North Carolina General Statutes 44A-50
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Contract: A legal written agreement that becomes binding when signed.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Lien: A claim against real or personal property in satisfaction of a debt.
- Lienor: A person entitled to a lien under this Article. See North Carolina General Statutes 44A-50
- Owner: As the term is defined in G. See North Carolina General Statutes 44A-50
- Person: Any individual, corporation, association, partnership, whether limited or general, limited liability company, or other entity. See North Carolina General Statutes 44A-50
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3