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Filing a false lien penalty

Published (4/27/2012)
By Mike Cook
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The number of people for which it is a five-year felony to file a false lien against will expand to include sheriffs, deputy sheriffs and county recorders.

Prosecutors, defense attorneys or officers of the court already have this protection.

Rep. Tony Cornish (R-Vernon Center), who sponsors the law and Sen. Bill Ingebrigtsen (R-Alexandria), said there are now people who when they do not like a sheriff’s decision will, in retaliation, encumber their property by filing frivolous liens against property and land totaling millions of dollars in order to cause all sorts of financial problems for the law enforcement official. It also wastes court time.

Under current law, fraudulent lien filing against anyone is a gross misdemeanor.

Supporters said the tougher penalty is needed because sheriffs, deputy sheriffs and county recorders should not have to be harassed simply for doing their job, be it a sheriff’s sale of real property or filing a lien placed on real property.

Signed April 23, by Gov. Mark Dayton, the law takes effect Aug. 1, 2012.

HF2373*/ SF1874/CH210

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