§ 20-23-313
               	 		
First of 2 versions of this section
20-23-313.    Inspection fees -- Hearing -- Judgment.
    (a)  The  plaintiff shall file notice of the lien with the clerk of the circuit  court of the county in which the property is located within ninety (90)  days after the date of the inspection of the property, in the form and  manner substantially the same as mechanics' liens are now filed. The  notices when so filed shall be docketed and placed on file as mechanics'  liens are now docketed and kept on file.
(b)  If  the fees are not paid within sixty (60) days after filing of the  notice, the plaintiff shall institute a suit to foreclose the lien upon  this property in the circuit court of the county in which the lien is  filed. The suit shall be filed against the person causing the inspection  to be made or claiming as interest at the time the inspection is made.  It shall also name such other persons as it may believe to be interested  in the property, as owners, mortgagees, or otherwise, make them  defendants in the action, and cause service of process, in the manner  and form as now provided by law in mechanics' liens cases, to be served  upon defendants.
(c)    (1)  The  suits shall be given speedy trial, and the judgment, if for the  plaintiff, shall be that the plaintiff recover against the property and  those found to be interested therein, the amount of the inspection fees,  together with interest, cost of suit, and reasonable attorney's fees to  be taxed as costs by the court.
      (2)  If  the cause is appealed to a higher court, then a similar fee shall be  taxed as costs by the court hearing the appeal if the plaintiff shall  prevail therein.
(d)    (1)  In  its judgment, the court also shall order the property sold to satisfy  the lien, judgment, and costs and shall order execution against the  defendants against whom judgment is rendered in addition thereto for  payment of any judgment and costs over the amount the property may bring  at sale.
      (2)  The sale shall be  had and conducted in accordance with other judicial sales, as may be  directed by the court in which the foreclosure proceedings are  conducted.
      (3)  Out of the  proceeds of the sale shall be paid the judgment, costs, interest, and  expenses of the sale, as in other foreclosure cases. The remainder is to  be paid over to the persons decreed by the court to be rightfully  entitled to it.