(770 ILCS 60/30) (from Ch. 82, par. 30)
Sec. 30. Multiple liens; insufficient funds; hearing; judgment.
If there are several liens under Sections 21 and 22 of this Act
upon the same premises, and the owner or any person having such a lien shall
fear that there is not a sufficient amount coming to the contractor to pay
all such liens, the owner or any one or more persons having such lien may file his, her
or their complaint in the circuit court of the proper county, stating such
fact and such other facts as may be sufficient to a full understanding of
the rights of the parties. The contractor and all persons having liens upon
or who are interested in the premises, so far as the same are known to or
can be ascertained by the plaintiff, upon diligent inquiry shall be made
parties. Upon the hearing the court shall find the amount due from the owner
to the contractor, and the amount due to each of the persons having liens,
and in case the amount found to be due to the contractor shall be insufficient
to discharge all the liens in full, the amount so found in favor of the
contractor shall be divided between the persons entitled to such liens pro
rata after the
payment of all claims for wages in proportion to the amounts so found to
be due them respectively. If the amount so found to be due to the
contractor shall be sufficient to pay the liens in full, the same shall
be so ordered. The premises may be sold as in other cases under this
Act. The parties to such action shall prosecute the same under like
requirements as are directed in Section 11 of this Act, and all
persons who shall be duly notified of such proceedings, and who shall
fail to prove their claims, whether the same be in judgment against the
owner or not, shall forever lose the benefit of and be precluded from
their liens and all claims against the owner. Upon the filing of such
complaint the court may, on the motion of any person
interested, and shall, upon final judgment stay further proceedings upon
any action against the owner on account of such liens, and costs in such
cases shall be adjusted as provided for in Section 17 of this Act.
(Source: P.A. 94-627, eff. 1-1-06.)
|