Sec. 49-35b. Burden of proof at hearing. Authority of court.
206 words·~1 min read·
/ct/title-49/chapter-847-liens/49-35bA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Upon the hearing held on the application or motion set forth in section 49-35a , the lienor shall first be required to establish that there is probable cause to sustain the validity of his lien. Any person entitled to notice under section 49-35a may appear, be heard and prove by clear and convincing evidence that the validity of the lien should not be sustained or the amount of the lien claimed is excessive and should be reduced.
(b)Upon consideration of the facts before it, the court or judge may:
(1)Deny the application or motion if probable cause to sustain the validity of the lien is established; or
(2)order the lien discharged if
(A)probable cause to sustain its validity is not established, or
(B)by clear and convincing evidence its invalidity is established; or
(3)reduce the amount of the lien if the amount is found to be excessive by clear and convincing evidence; or
(4)order the lien discharged or reduce the amount of the lien conditioned upon the posting of a bond, with surety, in a sum deemed sufficient by the judge to indemnify the lienor for any damage which may occur by the discharge or the reduction of amount.