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2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 4. Improvement of Chattels. › Sec. 34.35.175. Improvement lien on personal property.

(a) A person who makes, alters, repairs, or labors upon an article of personal property at the request of the owner or lawful possessor has a lien on the property for the just and reasonable charges for the labor performed and material furnished. The person may keep possession of the article until the charges are paid.
(b) If the charges are not paid within three months after the labor or materials, or both, are performed or furnished, the person having the lien may sell the article at public auction and apply the proceeds of the sale, first, to the payment of the expenses of sale, second, to the discharge of lien, and third, the balance to the owner of the article.
(c) The sale shall be held in the recording district where the article is left to be altered or repaired.
(d) Before the sale is made, notice of the sale shall be given to the debtor by registered letter directed to the last known place of residence of the debtor, if the residence is known, and also by posting notice of the sale in three public places in the recording district for 10 days before the day of sale. The notice must contain a particular description of the article to be sold, the name of the owner or reputed owner, the amount due on the lien, and the time and place of the sale.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 4. Improvement of Chattels. › Sec. 34.35.180. Chattel lien; surrender of possession.

A person who expends labor, skill, or materials upon a chattel, at the request of its owner, reputed owner, or authorized agent of the owner, or lawful possessor of the chattel, has a lien upon the chattel for the contract price of the expenditure, or in the absence of a contract price, for the reasonable worth of the expenditure, for a period of six months from the expenditure, notwithstanding the fact that the possession of the chattel is surrendered to the owner or lawful possessor.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 4. Improvement of Chattels. › Sec. 34.35.185. Lien notice.

(a) The lien claimant shall, before delivery of the chattel to the owner or the authorized agent of the owner, record a lien notice in the office of the recorder of the recording district where the chattel is situated and in which the labor, skill, and materials are expended on the chattel.
(b) The notice must state the name of the claimant, the name of the owner, or reputed owner, a description of the chattel, sufficient for identification, upon which the claimant has expended labor, skill, and material, the amount for which the lien is claimed, and the date upon which the expenditure was completed. The notice shall be verified by the oath of the claimant, or by some one on behalf of the claimant, who has personal knowledge of the facts, and may be substantially in the following form:
....................................................., Claimant, v...................................................... DefendantNotice is hereby given that ..................................................... claims a lien upon ..................................................... (describe the property) for, and on account of labor, skill, and materials expended upon the ..................................................... (property); that the name of the owner, or reputed owner is, .....................................................; that the labor, skill, and materials were expended upon the property between the .......... day of .........., and the day of .........., and the rendition of the labor, skill, and materials so expended by the claimant above named was closed on the .......... day of ..........; that the amount claimant demands for labor, skill, and materials so expended is $..........; that no part of it has been paid except $.........., and there is now due and remaining unpaid on it, after deducting all just credits and offsets, the sum of $.........., in which amount a lien is claimed upon the property.State of Alaska..................................................... Judicial District ss:..................................................... ClaimantI,....................................................., being first duly sworn, on oath say that I am ..................................................... named in the foregoing claim; that I have heard the claim read, know the contents of it, and believe it is true...................................................... ClaimantSubscribed and sworn to before me this .......... day of ...............................................................
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 4. Improvement of Chattels. › Sec. 34.35.190. Duty of recorder.

Upon the presentation of the notice to the recorder, the recorder shall record the notice and index it in a book or computer-readable medium kept for that purpose and called “Index of Liens upon Chattels.” The recorder is entitled to charge and receive from the person recording the notice of lien a fee provided for recording and indexing chattel mortgages.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 4. Improvement of Chattels. › Sec. 34.35.195. Persons considered owner of chattel.

The following persons are considered the owner of a chattel, or the authorized agent of the owner, for the purpose of AS 34.35.175 - 34.35.215:
(1) a person in possession of the chattel under an agreement to purchase it, whether the title to it is in the person or the vendor;
(2) a person in lawful possession of the chattel.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 4. Improvement of Chattels. › Sec. 34.35.200. Priority.

A lien under AS 34.35.180, when recorded in accordance with AS 34.35.185, is superior to and preferred to
(1) a lien, mortgage, or encumbrance that attaches to the chattel after the starting of labor or services or the furnishing of the material mentioned in that section;
(2) a lien, mortgage, or other encumbrance that attaches before that time, when the person furnishing the material or performing the services did not have notice of the prior lien, mortgage, or encumbrance, or the prior lien, mortgage, or encumbrance was not recorded or filed in the manner provided by law.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 4. Improvement of Chattels. › Sec. 34.35.205. Duration of lien.

(a) A lien does not bind a property for more than six months after the lien is recorded, unless suit is brought in the superior court to enforce the lien within that time, or if credit is given, within six months after the expiration of the credit.
(b) A lien may not be continued in force for more than one year from stopping of work or services, or after the material is furnished, by an agreement of the parties.
(c) The practice and procedure to enforce a lien shall be governed by the law applicable to the foreclosure of mechanics' and materialmen's liens.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 4. Improvement of Chattels. › Sec. 34.35.210. Release or discharge of lien.

A lien under AS 34.35.175 - 34.35.215 may be released and discharged by the lien claimant or the agent of the lien claimant by an entry upon the “Index of Liens upon Chattels.”
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 4. Improvement of Chattels. › Sec. 34.35.215. Penalty for refusal to discharge lien.

A person who refuses to discharge a lien after the lien is paid is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $500 and in addition is liable in damages to the person injured by the refusal in an amount equal to three times the damage sustained.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 5. Transportation, Storage, and Agistment. › Sec. 34.35.220. Persons entitled to carrier, warehouse, and livestock liens.

The following persons have liens on personal property for their just and reasonable charges for the labor, care, and attention provided and the food furnished, and may retain possession of the property until the charges are paid:
(1) a person who is a common carrier, or who, at the request of the owner or lawful possessor of personal property, transports the property from one place to another;
(2) a person who safely keeps or stores personal property at the request of the owner or lawful possessor of the property; and
(3) a person who pastures or feeds livestock, or bestows labor, care, or attention on the livestock at the request of the owner or lawful possessor of the livestock.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 5. Transportation, Storage, and Agistment. › Sec. 34.35.225. Sale to enforce lien.

(a) If just and reasonable charges are not paid within three months after the care, attention, and labor is performed or food is furnished, the person having the lien may proceed to sell at public auction, as provided in AS 34.35.175, the property mentioned in AS 34.35.220, or a part of it, sufficient to pay the just and reasonable charges.
(b) Nothing in this section may be construed to authorize a person to sell more of the property than is sufficient to pay charges due the person on the property.
(c) A person who sells, loans, or otherwise disposes of property contrary to the provisions of AS 34.35.220 and this section without the consent of the owner of the property shall, for each offense, forfeit and pay to the owner a sum equal to the market value of the property, and 50 percent of the market value in addition as a penalty. In this subsection, “market value” means the price the property bears at the time the owner makes demand on the person for it.
(d) The remedies available under this section are in addition to any remedies available under AS 45.07.210.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 6. Timber and Lumber. › Sec. 34.35.230. Construction.

The purpose of AS 34.35.230 - 34.35.315 is remedial to secure laborers, contractors, and subcontractors the amount due them for labor performed in producing, or furnishing lumber. AS 34.35.230 - 34.35.315 shall be liberally construed to effect this purpose.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 6. Timber and Lumber. › Sec. 34.35.235. Persons entitled to timber lien.

(a) The following persons shall have liens upon timber for the work done upon, or in obtaining or securing, or for services rendered in towing, transporting, hauling, or driving it:
(1) a person who performs labor upon, or who assists in obtaining or securing timber;
(2) the owner of a tugboat or towboat that tows or assists in towing timber from one place to another within the state;
(3) the owner of a team or a logging or traction engine that hauls or assists in hauling timber from one place to another within the state; and
(4) the owner of a logging road over which timber is transported and delivered.
(b) The lien attaches under (a) of this section whether the work or services are done, rendered, or performed at the instance of the owner of the timber or an agent of the owner.
(c) The cook and other laborers in and about the logging or wood camp, the teamsters transporting the timber, and the laborers on roads and trails, not including public roads or trails, used for the transportation of the timber are considered persons who assist in obtaining, securing, and delivering the timber mentioned in this section.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 6. Timber and Lumber. › Sec. 34.35.245. Landowner's lien for timber.

A person who permits another to go upon the person's land and cut timber has a lien upon the timber for the price agreed to be paid for the privilege, or for the price the privilege would reasonably be worth if there is no express agreement fixing the price.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 6. Timber and Lumber. › Sec. 34.35.250. Landowner's lien claim.

(a) A person who claims a lien under AS 34.35.245 must record, within 90 days from the cutting of the timber, a claim with the recorder of the recording district in which the saw timber is cut.
(b) The claim must be in substance the same as provided in AS 34.35.240 and must be verified as provided in that section.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 6. Timber and Lumber. › Sec. 34.35.255. Priority.

(a) Liens under AS 34.35.230 - 34.35.315 are preferred liens and are prior to other liens. A sale or transfer of timber does not divest a lien on it under AS 34.35.230 - 34.35.315.
(b) As between liens under AS 34.35.230 - 34.35.315 those for work and labor are preferred.
(c) As between liens for work claimed by several laborers on the same timber, the claim or claims for work done or performed on the identical timber proceeded against, to the extent that the timber can be identified, are preferred as against the general claim of liens for work recognized and provided for in AS 34.35.230 - 34.35.315.
(d) The person performing the service or doing the work named in AS 34.35.235 is only entitled to the liens provided in AS 34.35.230 - 34.35.315 for services or work for six calendar months or a shorter period preceding the recording of the claim.
(e) The person granting the privilege mentioned in AS 34.35.245 is only entitled to the lien under that section for timber cut during the six months preceding the recording of the claim as provided in AS 34.35.240.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 6. Timber and Lumber. › Sec. 34.35.260. Duration of lien.

(a) A lien under AS 34.35.230 - 34.35.315 does not bind property for more than six months after notice of the lien is recorded, unless suit is brought to enforce the lien in the proper court within that time or if credit is given, within six months after the expiration of the credit.
(b) A lien may not be continued in force for more than one year from the stopping of the work or by an agreement to give credit.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 6. Timber and Lumber. › Sec. 34.35.265. Enforcement of lien against manufactured product.

(a) The lien provided for saw logs and shingle bolts is not released or lost by the manufacture of the saw logs or shingle bolts into lumber or shingles, and the lien may be enforced against the lumber and shingles manufactured from them.
(b) A lien may not be acquired upon or enforced against lumber or logs after the lumber or logs are used in the construction of a building or structure, or upon spars, piles, or other timber mentioned in AS 34.35.230 - 34.35.315 after they are put to the use for which they are intended.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 6. Timber and Lumber. › Sec. 34.35.270. Commissioner of public safety as receiver.

(a) The commissioner of public safety or a peace officer designated by the commissioner shall be the receiver, when one is appointed, and the superior court, upon a showing made, shall appoint the receiver, without notice.
(b) The receiver is entitled to fees which seem just to the court, and shall account for the fees in the same manner as other fees collected in an official capacity.
(c) When property subject to a lien under AS 34.35.230 - 34.35.315 is in the custody of the receiver, a person who claims an interest in the property may deposit with the clerk of the court in which the action is pending a sum of money equal to the claim sued upon, together with $100 to cover costs and interest, unless the court makes an order fixing a different amount to cover the costs and interest, and may demand and receive the possession and custody of the property from the receiver immediately.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 6. Timber and Lumber. › Sec. 34.35.275. Bona fide purchasers.

The court shall conclusively presume that a party purchasing the property liened upon within the 60 days given to claimants to record their liens is not an innocent third party and is not a bona fide owner of the property, unless it appears that
(1) the purchaser has paid full value for the property; and
(2) the purchase money has been applied to the payment of the bona fide claims that are entitled to liens upon the property under AS 34.35.230 - 34.35.315 according to the priorities established in those sections.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 6. Timber and Lumber. › Sec. 34.35.280. Enforceability.

(a) The following persons may demand that a lien under AS 34.35.230 - 34.35.315 be enforced:
(1) a person who brings an action to enforce the lien; or
(2) a person who has a lien under AS 34.35.230 - 34.35.315, and who is made a party to an action to enforce a lien under those sections.
(b) The lien may be enforced against the whole, or a part of the lumber, when, during the six months preceding the recording of the lien,
(1) the person has performed labor on it;
(2) the person has assisted in securing or obtaining it; or
(3) it has been cut on the person's land.
(c) The lien demand recorded must be for
(1) all the labor upon or all the assistance in obtaining or securing the lumber during the whole or a part of the six months mentioned in AS 34.35.260; or
(2) timber cut during the whole or a part of the six months mentioned above.
(d) The priority of the liens shall be determined under AS 34.35.255 where
(1) proceedings are started against a lot of lumber;
(2) some of the lienors claim liens against specific lumber to secure their claims for work and labor; and
(3) other lienors claim liens against the lumber generally to secure their claims for work and labor.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 6. Timber and Lumber. › Sec. 34.35.285. Contractor's lien.

A person who, as a contractor, supplies lumber under a contract is entitled to the lien under AS 34.35.230 - 34.35.315 to the amount due on the contract. However, the lien is subject and subsequent to the liens of the laborers under AS 34.35.230 - 34.35.315 for the amounts due them for labor on the lumber.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 6. Timber and Lumber. › Sec. 34.35.290. Order of sale before judgment.

(a) The court or judge may in vacation, upon motion supported by affidavit showing that the property is liable to loss or destruction, order that property subject to a lien under AS 34.35.230 - 34.35.315 be sold by the peace officer before judgment is rendered, as personal property is sold under execution.
(b) The proceeds of the sale shall be paid into court to be applied as provided in AS 34.35.230 - 34.35.315.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 6. Timber and Lumber. › Sec. 34.35.295. Liability for injuring property or destroying identity.

(a) A person who eloigns, injures, or destroys or who makes difficult, uncertain, or impossible the identification of timber upon which there is a lien under AS 34.35.230 - 34.35.315, without the express consent of the lienholder, is liable to the lienholder for the damages to the amount secured by the lien, together with costs and charges of drawing and recording the lien and reasonable attorney fees for the foreclosure of the lien.
(b) If these facts are shown to the court in the action to enforce the lien, the court shall enter a personal judgment for the amount of the damages in the action against the person, if the person is a party to the action, or the damages may be recovered in a civil action against the person.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 6. Timber and Lumber. › Sec. 34.35.300. Lien for manufacturing.

(a) A person who performs work or assists in manufacturing timber into lumber has a lien upon the lumber while it remains at the mill where it is manufactured, or in the possession or under the control of the manufacturer, whether the work is done at the instance of the owner of the logs or an agent of the owner, or a contractor or subcontractor of the owner.
(b) In this section “lumber” means logs or other timber sawed or split for use, including beams, joists, planks, bolts, shingles, rails, stays, hoops, and every article manufactured from timber.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 6. Timber and Lumber. › Sec. 34.35.305. Manufacturing lien claim.

(a) A person who desires to claim the benefit of AS 34.35.300 shall, within 60 days after the close of the service mentioned in that section, record with the recorder of the recording district where the lumber is manufactured, a notice of claim of lien.
(b) The notice must contain a statement of the demand and the amount of the demand in substance and form similar to that provided for in AS 34.35.240.
(c) The provisions of AS 34.35.230 - 34.35.315 relative to the liens of persons performing labor upon, or assisting, obtaining, and securing timber apply in all respects, where applicable, to the liens of persons who perform work in manufacturing lumber, as set out in AS 34.35.300.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 6. Timber and Lumber. › Sec. 34.35.310. Release upon filing bond.

(a) After a lien attaches to property mentioned in AS 34.35.230 - 34.35.315, the owner of the property or a person on behalf of the owner may file with the clerk of the superior court in the judicial district in which the property is located a bond (1) in a sum double the amount claimed in the lien notice; (2) executed by two sureties who have the qualifications of bail upon arrest; (3) to be approved by the clerk of the court; (4) running to the claimant in the lien notice; and (5) conditioned for the payment of the damages, costs, charges, and disbursements recovered by the lien claimant against the owner, or found to be a lien upon the property described in the lien notice.
(b) The clerk shall issue to the owner or other person a certificate stating that the bond is substituted in place of the property and that the lien on the property is released and discharged. A marginal entry of the release and substitution of bond shall be made in the lien docket in the office of the recorder where the lien statement is recorded.
(c) If the lien claimant establishes the lien by a suit to enforce it, the claimant is entitled to judgment or decree against the principal and sureties on the bond.
(d) Nothing in this section deprives a person of a defense that the person would have had if the bond had not been given. The filing of the bond does not affect the time within which the foreclosure suit shall be started.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 6. Timber and Lumber. › Sec. 34.35.315. Definitions.

In AS 34.35.230 - 34.35.315,
(1) “lumber” includes timber, or lumber or shingles manufactured from it;
(2) “timber” includes saw logs, piles, spars, cordwood, fuelwood, shingle bolts, or other timber.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 7. Fish Packers and Processors. › Sec. 34.35.320. Packer's and processor's lien.

(a) A person who contributes to the preparation of fish or aquatic animals for food, fish, meal, fertilizer, oil, or other article of commerce by furnishing material or labor for it has a lien for the value of the labor and material upon (1) the product or output of the cannery, saltery, or other plant or establishment, for which material or labor was furnished; and (2) the plant or establishment itself, including the houses, wharves, machinery, and equipment of the plant or establishment, for the value of labor and material.
(b) This provision may not be construed to give a lien to (1) an officer of a corporation or of an association for labor or material furnished by the officer to the corporation or association; (2) a superintendent, manager, foreman, contractor, or subcontractor in charge of a cannery, saltery, or other plant or establishment for labor or material that the person has furnished to the plant or establishment; or (3) the owner or lessor of a plant or the equipment of the plant for the use or rental of the plant or equipment.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 7. Fish Packers and Processors. › Sec. 34.35.325. Time limit.

The person performing the service or doing the work or furnishing the material mentioned in AS 34.35.320 is only entitled to a lien under AS 34.35.320 - 34.35.390 for service, work, or material furnished for the six months, or a shorter period, preceding the recording of a claim under AS 34.35.330.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 7. Fish Packers and Processors. › Sec. 34.35.330. Lien claim.

(a) A person who claims the benefit of AS 34.35.320 - 34.35.390 shall, within 90 days after the completion of the work or the furnishing of material mentioned in AS 34.35.320, record a claim of lien in the recorder's office of the recording district where
(1) the product or output of the plant, cannery, saltery, or other establishment for which the material or labor is furnished is located; or
(2) the cannery, saltery, or other plant or establishment on which the lien is claimed is located.
(b) The claim of lien must contain a statement of
(1) the claimant's demand and the amount of the demand after deducting credits and offsets;
(2) the name of the person by whom the claimant is employed or at whose request the material is furnished;
(3) the terms and conditions of the contract of employment or under which the material was furnished;
(4) a description of the property sufficient for identification on which the lien is claimed; and
(5) the name of the owner or reputed owner thereof.
(c) The lien claim shall be verified by the oath of the lien claimant or someone on behalf of the lien claimant who has knowledge of the facts.
(d) If there is no express contract of employment or for furnishing the material the claim shall state the reasonable value of the work, labor, or material.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 7. Fish Packers and Processors. › Sec. 34.35.335. Extent of lien.

A lien under AS 34.35.320 - 34.35.390 binds all the right, title, and interest of the person at whose instance or request or for whom the work is performed or material furnished, to the full extent of the interest that the person has at the commencement of the work or at the time the material is furnished, for which the lien is claimed, or subsequently acquired up to the time of foreclosure of the lien, in (1) all of the product or output of the cannery, saltery, or other plant or establishment for which the material or work was furnished; and (2) the plant or establishment itself, including the houses, wharves, machinery, and equipment.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 7. Fish Packers and Processors. › Sec. 34.35.340. Priority.

(a) A lien under AS 34.35.320 - 34.35.390 is preferred, prior, and superior to a mortgage, attachment, claim, or demand made or recorded in the recorder's office of the recording district where the property subject to the lien is located after
(1) the commencement of the work for which the lien is claimed;
(2) the material is furnished for which the lien is claimed.
(b) A sale, transfer, mortgage, assignment, or attachment recorded after the commencement of the work or furnishing of the material does not postpone the lien. A lien under AS 34.35.320 - 34.35.390 is not prior or paramount to a valid prior lien for labor performed or material furnished in the construction, alteration, or repair of the houses, wharves, or other shore property.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 7. Fish Packers and Processors. › Sec. 34.35.345. Duration of lien.

(a) A lien under AS 34.35.320 - 34.35.390 does not bind the property for more than six months after the lien is recorded, unless suit is brought before the proper court within that time to enforce the lien or if credit is given, within six months after the expiration of the credit.
(b) A lien does not continue in force for more than one year from the cessation of the work or the furnishing of the material, by an agreement to give credit.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 7. Fish Packers and Processors. › Sec. 34.35.350. Commissioner of public safety as receiver.

(a) The commissioner of public safety or a peace officer designated by the commissioner is the receiver, when one is appointed, and the superior court upon a showing made may appoint the receiver without notice.
(b) The receiver is entitled to the fees that seem just to the court and the receiver shall account for the fees collected under this subsection in the same manner other fees collected in an official capacity are accounted for.
(c) When property subject to a lien under AS 34.35.320 - 34.35.390 is in the custody or about to be taken into the custody of the receiver, a person who claims an interest in the property may deposit with the clerk of the court in which the action is pending a sum of money equal to the value of the property, but not greater than the amount of the claims sued upon together with $100 to cover costs and interest, unless the court makes an order fixing a different amount to cover costs and interest, and may demand and receive the possession and custody of the property from the receiver immediately.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 7. Fish Packers and Processors. › Sec. 34.35.355. Bona fide purchasers.

The court shall conclusively presume that a party who purchases property on which a lien is claimed, within the time allowed for the filing of the lien, is not an innocent purchaser for value and is not a bona fide owner of the property subject to the lien, unless it appears that
(1) the purchaser paid the reasonable value of the property; and
(2) the purchase price for the property is applied to the payment of the bona fide claimants who are entitled to liens upon the property under AS 34.35.320 - 34.35.390.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 7. Fish Packers and Processors. › Sec. 34.35.360. Enforcement against whole or part of property.

(a) A person who brings a suit to enforce the lien, or a person having a lien, who is made a party to the action, may demand that the lien be enforced against the whole or a part of the property upon which the person performs labor or for which the person furnishes material.
(b) Where there are several lien claims against the same property or partly against the same property and partly against separate property, and it appears to the court that the property that may legally be held for the claims is insufficient to satisfy all the claims, the court shall, as nearly as practicable, determine what particular item of the property subject to the lien is the product in whole or in part of the labor or material furnished by each of the several claimants and for which each claims a lien, and shall give preference accordingly.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 7. Fish Packers and Processors. › Sec. 34.35.365. Property to be sold before judgment.

When it appears, during the term or in vacation, that the property is liable to loss or destruction, the court shall order it sold, free of the lien, by a peace officer, in the manner provided for the sale of personal property under execution, before judgment is rendered. The proceeds of sale shall be paid into court to be applied as directed in the judgment.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 7. Fish Packers and Processors. › Sec. 34.35.370. Liability for injuring property or destroying identity.

(a) A person who eloigns, injures, or destroys, or who makes difficult, uncertain, or impossible the identification of a property on which there is a lien under AS 34.35.320 - 34.35.390, without the written consent of the lienholder, is liable to the lienholder for the damages to the amount secured by the lien together with costs and charges of drawing and recording the lien and reasonable attorney fees for the foreclosure of the lien.
(b) If these facts are shown to the court in the suit to enforce the lien, the court shall enter a personal judgment for the amount of the damages in the action against the person, if the person is a party to the action, or the damages may be recovered in a civil action against the person.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 7. Fish Packers and Processors. › Sec. 34.35.375. Release upon filing bond.

(a) After a lien attaches upon property mentioned in AS 34.35.320 - 34.35.390, the owner of the property or a person on behalf of the owner may file with the clerk of the superior court in the judicial district in which the property is located, a bond (1) in a sum double the amount claimed in the lien notice; (2) executed by two sureties who have the qualifications of bail upon arrest; (3) to be approved by the clerk of the court; (4) running to the claimant in the lien notice; and (5) conditioned for the payment of all damages, costs, charges, and disbursements recovered by the lien claimant against the owner, or found to be a lien upon or against the property described in the lien notice.
(b) The clerk shall issue to the owner a certificate stating that the bond is substituted in place of the property and that the lien on the property is released and discharged. A marginal entry of the release and substitution of bond shall be made in the lien docket in the office of the recorder where the lien statement is recorded.
(c) If the lien claimant establishes the lien by a suit to enforce it, the lien claimant is entitled to judgment against the principal and sureties on the bond.
(d) Nothing in this section deprives a person of a defense that the person would have had if the bond had not been given. The filing of the bond does not affect the time within which the foreclosure suit must be started.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 7. Fish Packers and Processors. › Sec. 34.35.380. Misdemeanor to remove lien property from state.

A person who removes or has removed from the state fish, fish products, or the products of an aquatic animal, or fishing appliances, upon which there is a lien or right of lien under AS 34.35.320 - 34.35.390, unless a bond under AS 34.35.375 is filed, is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $2,000, or by imprisonment for not more than six months, or by both.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 7. Fish Packers and Processors. › Sec. 34.35.385. Embezzlement of lien property.

(a) A person who sells or otherwise disposes of fish or the products of fish or aquatic animals or other property upon which there is a lien under AS 34.35.320 - 34.35.390 is a trustee for the lien claimant of the consideration received or promised to be paid for the property and shall account to the lien claimant for it.
(b) If it appears, in a prosecution under this section, that the defendant has paid all claims of lien upon the property removed from the state or that the full value of the property has been distributed among the persons entitled to the lien, the defendant shall be discharged and further proceedings may not be brought against the defendant.
(c) A trustee who refuses or fails to account for the trust fund, or refuses or fails to apply it in payment of the lien claim is guilty of embezzlement, and upon conviction is punishable accordingly.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 7. Fish Packers and Processors. › Sec. 34.35.390. Written statements to employees.

(a) When a person employs another to work at a cannery, saltery, or other plant or establishment in this state for the catching or preparation of fish or aquatic animals for food, fish meal, fertilizer, oil, or other articles of commerce, and the plant or establishment, at the time of employment, is subject to a lien, mortgage, encumbrance, or the provisions of a transfer or conditional sale, or the employer is not the owner of the plant or establishment, or of the boats or fishing gear connected with it, the employer shall furnish to each employee at the time of employment, or in any event, not later than the time the employee is brought within the state boundaries, a written statement showing
(1) the name of the owner of the plant or establishment at or in connection with which the employee is to work;
(2) a general description of the plant or establishment as to buildings, boats, and other gear and material;
(3) whether any of the property is subject to a lien, mortgage, encumbrance, assignment, or conditional sale and, if so, the amount of it.
(b) In a prosecution under this section, the defendant may show in defense that the claims for labor of the employees to whom the statements were not furnished have been paid in full. A defendant who does so shall be discharged.
(c) Failure to furnish a statement required by this section is a misdemeanor and a person who violates this section is punishable by a fine of not more than $2,000 or by imprisonment for not more than six months or by both.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 8. Fishermen's Lien. › Sec. 34.35.391. Fishermen's lien.

(a) A person who sells fish to a fish processor as defined in AS 16.10.296, or to a primary fish buyer as defined in AS 16.10.296, or to a cooperative corporation organized under AS 10.15, and receives a fish ticket or a record of purchase as described in AS 16.05.690 has a lien upon the property of the fish processor, primary fish buyer, or cooperative corporation for the value of the fish.
(b) A person who claims the benefit of this section shall, within 90 days of the date the fish are sold, record a claim of lien in the recorder's office of the recording district where the fish were sold.
(c) The lien provided in this section is preferred, prior, and superior to a mortgage, attachment, claim, or demand made or recorded in the recording district in which the property is located after the date on which the fish are delivered to the buyer of the fish.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 9. Watchmen. › Sec. 34.35.400. Services or work covered by lien.

The person performing the services or doing the work named in AS 34.35.395 is only entitled to a lien under AS 34.35.395 - 34.35.425 for services or work for the nine months or a shorter period preceding the recording of the claim of lien under AS 34.35.405.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 9. Watchmen. › Sec. 34.35.405. Lien claim.

(a) A person who claims a lien under AS 34.35.395 - 34.35.425 shall, within 90 days after the completion of the services or the cessation of the labor, record a claim of lien in the recorder's office of the recording district in which the property is located.
(b) The lien claim must contain a true statement of
(1) the demand and the amount of the demand after deducting all just credits and offsets;
(2) the name of the person by whom the claimant is employed and a statement of the terms and conditions of the contract of employment;
(3) a description of the property sufficient for identification on which the lien is claimed; and
(4) the name of the owner or reputed owner of the property.
(c) The lien claim shall be verified by the oath of the claimant or someone on behalf of the lien claimant who has personal knowledge of the facts.
(d) If there is no express contract of employment the claim must state the reasonable value of the work or services.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 9. Watchmen. › Sec. 34.35.410. Recording and indexing claim.

(a) The recorder shall record the lien claim in a record book or computer-readable medium kept for that purpose. The record book shall be indexed.
(b) The recorder is entitled to receive the same fees allowed by law for recording deeds and other instruments.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 9. Watchmen. › Sec. 34.35.415. Duration of lien.

(a) A lien under AS 34.35.395 - 34.35.425 does not bind property for more than six months after the lien is recorded, unless suit is brought before the proper court to enforce the lien within that time or if credit is given, within nine months after the expiration of the credit.
(b) A lien does not continue in force for more than one year from the stopping of the work or services by an agreement to give credit.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 9. Watchmen. › Sec. 34.35.420. Extent of lien.

The lien provided in AS 34.35.395 - 34.35.425 binds all the right, title, and interest of the person at whose instance or request or for whom the work or services are performed, to the full extent of the interest that the person has at the commencement of the work or services for which the lien is claimed or that is subsequently acquired up to the time of the foreclosure of the lien, in the property where the work or services are performed.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 9. Watchmen. › Sec. 34.35.425. Priority.

(a) A lien under AS 34.35.395 - 34.35.425 is preferred, prior, and superior to a mortgage, attachment, claim, or demand made or recorded in the recorder's office of the recording district in which the property is located, after the commencement of the work or services for which the lien is claimed.
(b) A sale, transfer, mortgage, assignment, or attachment recorded after the commencement of the work or services does not postpone the lien, except that the lien is of equal rank with other liens recorded or claimed against the property for work or services performed or furnished in the erection, construction, repair, or preservation of the property.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 10. Attorneys. › Sec. 34.35.430. Attorney's lien.

(a) An attorney has a lien for compensation, whether specially agreed upon or implied, as provided in this section
(1) first, upon the papers of the client that have come into the possession of the attorney in the course of the professional employment;
(2) second, upon money in the possession of the attorney belonging to the client;
(3) third, upon money in the possession of the adverse party in an action or proceeding in which the attorney is employed, from the giving of notice of the lien to that party;
(4) fourth, upon a judgment to the extent of the costs included in the judgment or, if there is a special agreement, to the extent of the compensation specially agreed on, from the giving of notice of the lien to the party against whom the judgment is given and filing the original with the clerk where the judgment is entered and docketed.
(b) The lien described in (a) of this section is superior to all subsequent liens except tax liens. The lien is a charge on the action, and the parties to the action may not extinguish or affect the attorney's lien by any means, including settlement, other than by satisfying the underlying claim of the attorney for the fees and costs incurred in connection with the action. Nothing in this subsection precludes a party from contesting an attorney's lien under applicable law.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 11. Wages. › Sec. 34.35.435. Lien for wages.

When a clerk, accountant, bookkeeper, waiter, waitress, cook, maid, porter, servant, employee, artisan, craftsman, factory operator, mill operator, mechanic, quarryman, common laborer, or farmhand labors or performs a service in an office, store, hotel, rooming house, boardinghouse, restaurant, cafe, shop, newspaper plant, factory, quarry, or mill, of any character, or upon a farm, under or by virtue of a contract or agreement, written or oral, with a person or employer, or an agent, receiver, or trustee of the person or employer, in order to secure the payment of the amount due or owing under the contract or agreement, written or oral, the employee has a first lien upon all products, machinery, tools, fixtures, appurtenances, goods, wares, merchandise, chattels, wagons, carts, or things of value, of whatsoever character, that are created in whole or in part by the labor or that may be used or useful by the person or may be necessarily connected with the performance of the labor or service, which may be owned by the employer, or an agent, receiver, or trustee of the employer.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 11. Wages. › Sec. 34.35.440. Fixing the lien.

(a) When a person or an agent, receiver, or trustee of the person, fails or refuses to make wage payments as prescribed by law or agreement between the parties, the employee who has performed the service shall make an account of service, showing the amount due the employee for the service, and present to the employer or an agent, receiver, or trustee of the employer one of the duplicate accounts within 30 days after the indebtedness accrues.
(b) Within 90 days after termination of the performance of services the claimant shall record with the recorder of the recording district in which the services were performed a lien notice verified by the claimant.
(c) The lien notice shall be indexed in a book or computer-readable medium kept for that purpose.
(d) The lien claim must contain a description of the property charged with the lien sufficient for identification, and shall be verified by the oath of the lien claimant or of some other person having knowledge of the facts.
(e) A compliance with the requirements in this section is necessary to fix and preserve the lien given under AS 34.35.435 - 34.35.445.
(f) The liens of different persons of the same class have equal priority with each other.
(g) A person claiming the benefit of AS 34.35.435 - 34.35.445 has six months from the date of recording the lien within which to bring suit to foreclose the lien, or, if a credit is given, then six months after the expiration of the credit.
(h) A substantial compliance with this section is sufficient diligence to fix and secure the lien, except that a purchaser of products covered by the lien from the owner of the products acquires good title to them unless at the time of the purchase, the purchaser has actual or constructive notice of the claim of the lienholder upon the products. The purchaser has constructive notice if the claim is recorded and indexed or if an action is on file.
2023 Alaska Statutes › Title 34. Property › Chapter 35. Liens › Article 11. Wages. › Sec. 34.35.445. Duration of lien.

(a) The lien created by AS 34.35.435 - 34.35.445 is not operative for more than six months after the lien is recorded and indexed, unless suit to enforce the lien is brought before the proper court within that time or if a credit is given, six months after the expiration of the credit.
(b) A lien does not continue in force for more than one year from the stopping of the work by an agreement to give credit.