WILLIAM DONALD SCHAEFER, Governor Ch. 383

mailed to SERVED ON the party, file a complaint in the circuit
court for the county in which any part of the property is located
to determine whether probable cause exists for the establishment
of a lien.

(2)  A complaint filed under this subsection shall
include:

(i) The name of the complainant and the name of
the party seeking to establish the lien;

(ii) A copy of the notice sent SERVED under
subsection (a) of this section; and

(iii) An affidavit containing a statement of
facts that would preclude establishment of the lien for the
damages alleged in the notice.

(3)  A party filing a complaint under this subsection
may request a hearing at which any party may appear to present
evidence.

(d)   If a complaint is filed, the party seeking to establish
the lien has the burden of proof.

(e)  The clerk of the circuit court shall docket the
proceedings under this section, and all process shall issue out
of and all pleadings shall be filed in a single action.

(f)  Before any hearing held under subsection (c) of this
section, the party seeking to establish a lien may supplement, by
means of an affidavit, any information contained in the notice
given under subsection (a) of this section.

(g)  (1) If a complaint is filed under subsection (c) of
this section, the court shall review any pleadings filed,
including any supplementary affidavit filed under subsection (f)
of this section, and shall conduct a hearing if requested under
subsection (c)(3) of this section.

(2)   If the court determines that probable cause
exists to establish a lien, it shall order the lien imposed.

(3)  The order to impose a lien shall state that the
owner of the property against which the lien is imposed may file
a bond of a specified amount to have the lien against the
property removed.

(h) (1) If the court orders a lien to be imposed under
subsection (g) of this section, or if the owner of the property
against which a lien is intended to be imposed fails to file a
complaint under subsection (c) of this section the party seeking
to create the lien may file a statement of lien among the land

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