Law

Title 29 Liens

Wyoming · 29 · statute

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Contents: 106 provisions
  1. 29-1-101. Repealed by Laws 2010, Ch. 92, § 3.
  2. 29-1-102. Repealed by Laws 2010, Ch. 92, § 3.
  3. 29-1-103. Short title.
  4. 29-1-104. Other lien statutes and legal processes not affected by this act.
  5. 29-1-201. Definitions; agency relationships presumed.
  6. 29-1-301. Repealed by Laws 2010, Ch. 92, § 3.
  7. 29-1-302. Repealed by Laws 2010, Ch. 92, § 3.
  8. 29-1-303. Repealed by Laws 2010, Ch. 92, § 3.
  9. 29-1-304. Repealed by Laws 2010, Ch. 92, § 3.
  10. 29-1-305. Repealed by Laws 2010, Ch. 92, § 3.
  11. 29-1-306. Repealed by Laws 2010, Ch. 92, § 3.
  12. 29-1-307. Repealed by Laws 2010, Ch. 92, § 3.
  13. 29-1-308. Repealed by Laws 2010, Ch. 92, § 3.
  14. 29-1-309. Repealed by Laws 2010, Ch. 92, § 3.
  15. 29-1-310. Repealed by Laws 2010, Ch. 92, § 3.
  16. 29-1-311. Repealed by Laws 2010, Ch. 92, § 3.
  17. 29-1-312. Lien statement to be filed; contents; notice; fee.
  18. 29-1-313. Notice of satisfaction to be filed.
  19. 29-1-314. Liability for failure to file a notice of satisfaction.
  20. 29-1-401. Jurisdiction of circuit and district court;
  21. 29-1-402. Priority of liens.
  22. 29-1-403. Work or materials furnished considered done under same contract; exceptions.
  23. 29-1-404. Notice of foreclosure to prior perfected lienholders; effect of failure to notify.
  24. 29-1-405. Remedies not exclusive.
  25. 29-1-406. Filing and recording fees.
  26. 29-1-407. Consent to jurisdiction and venue.
  27. 29-1-501. Substitute security to satisfy lien; filing and effect thereof; action upon security.
  28. 29-1-601. False or frivolous liens; damages; penalties.
  29. 29-2-101. Persons entitled to liens; extent of lien on realty; exceptions.
  30. 29-2-102. Extent of perfected lien.
  31. 29-2-103. Right of judicial sale and removal of improvements.
  32. 29-2-104. Lien upon leaseholds; foreclosure; removal of improvements.
  33. 29-2-105. Lien for improvements placed by tenant authorized by landlord.
  34. 29-2-106. When statement lien to be filed; rights of
  35. 29-2-107. Notice of intention to file lien.
  36. 29-2-108. Duty of contractor to defend action; liability of contractor to owner.
  37. 29-2-109. Limitation of actions; duration of liens.
  38. 29-2-110. Repealed by Laws 2010, Ch. 92, § 3.
  39. 29-2-111. Repealed by Laws 2010, Ch. 92, § 3.
  40. 29-2-112. Preliminary notices.
  41. 29-2-113. Identity of record owner or his agent provided.
  42. 29-3-101. Definitions.
  43. 29-3-102. Nonimpairment of lien attached to estate less than fee or to equitable or legal contingent interest.
  44. 29-3-103. Extent of liens; generally.
  45. 29-3-104. Extent of liens; persons furnishing material or work under contract.
  46. 29-3-105. Extent of liens; on oil, or proceeds thereof;
  47. 29-3-106. Lien statement to be filed; $750 minimum; place and time of filing.
  48. 29-3-107. Property not to be sold or removed after
  49. 29-3-108. Fraudulent violation of section 29-3-107; penalty.
  50. 29-3-109. Limitation of actions and duration of liens;
  51. 29-3-110. Limitation upon owner's liability and rights.
  52. 29-3-111. Claim against contractor submitted to owner;
  53. 29-4-101. Persons entitled to lien; extent thereof.
  54. 29-4-102. Filing of lien statement; enforcement.
  55. 29-5-101. Definitions.
  56. 29-5-102. Persons entitled to lien; extent thereof.
  57. 29-5-103. Lien statement to be filed; contents; mistake in description not fatal; notice to purchaser or owner.
  58. 29-5-104. Priority of lien.
  59. 29-5-105. Limitation of actions; duration of lien.
  60. 29-5-106. Removal of encumbered property without lienholder's consent; penalty.
  61. 29-6-101. Repealed by Laws 1988, ch. 41, § 2.
  62. 29-6-102. Repealed by Laws 1988, ch. 41, § 2.
  63. 29-6-103. Repealed by Laws 1988, ch. 41, § 2.
  64. 29-6-104. Repealed by Laws 1988, ch. 41, § 2.
  65. 29-6-105. Repealed by Laws 1988, ch. 41, § 2.
  66. 29-6-106. Repealed by Laws 1988, ch. 41, § 2.
  67. 29-6-107. Repealed by Laws 1988, ch. 41, § 2.
  68. 29-6-201. Short title.
  69. 29-6-202. Application and construction of provisions.
  70. 29-6-203. Applicability.
  71. 29-6-204. Federal liens; place of filing.
  72. 29-6-205. Certification of notices and certificates.
  73. 29-6-206. Duties of filing officer.
  74. 29-6-207. Fees.
  75. 29-6-208. Prior filings of notices and certificates.
  76. 29-7-101. Persons entitled to lien; exception.
  77. 29-7-102. Right of possession by lien claimant;
  78. 29-7-103. Lien statement; additional contents; county clerk to note lien on certificate of title.
  79. 29-7-104. Termination of lien; effect thereof on claimant's right of possession.
  80. 29-7-105. Repossession; enforcement of lien by sale;
  81. 29-7-106. Priority of lien.
  82. 29-7-201. Owner of male animal to have lien on female animal and offspring.
  83. 29-7-202. Notice of lien to be filed; time and place; form; filing by county clerk; release; renewal.
  84. 29-7-203. Priority of liens.
  85. 29-7-204. Possession and sale of female animal or offspring by lien claimant.
  86. 29-7-205. Sale at auction; publication or posting of
  87. 29-7-206. Sale at auction; offspring to be sold first; disposition of proceeds; remedies not exclusive.
  88. 29-7-207. Selling or removing encumbered property without lienholder's consent; penalty.
  89. 29-7-301. Persons entitled to lien; notice and priority
  90. 29-8-101. Definitions.
  91. 29-8-102. Producer's liens.
  92. 29-8-103. Notice; filing of notice of claim; contents.
  93. 29-8-104. Extent of lien; priority.
  94. 29-8-105. Duration.
  95. 29-8-106. Waivers unenforceable.
  96. 29-8-107. Choice of law.
  97. 29-8-108. Damages, fees, costs and injunctive relief.
  98. 29-8-109. Applicability of act.
  99. 29-9-101. Lien of state on realty of debtor.
  100. 29-9-102. Lien of attorneys on papers and monies of clients.
  101. 29-10-101. Preliminary notice of right to lien; lien waiver form.
  102. 29-10-102. Form for notice of intention to file lien.
  103. 29-10-103. Form of notice of filing lien.
  104. 29-10-104. Form for lien statement.
  105. 29-10-105. Form for notice of substantial completion of the project.
  106. 29-10-106. Form for notice of satisfaction of lien.

Proposed changes to this act

No one has proposed a change to this act yet.

106 provisions

29-2-113. Identity of record owner or his agent provided.

The contractor shall provide to subcontractors and materialmen at the time of contracting with them the name and address of the record owner and his agent, if applicable, and legal description of the site of the project on which work will be performed or materials furnished.

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29-3-101. Definitions.

(a) As used in this chapter: (i) "Drilling" means open pit work, field processing, gasification, digging, shooting, torpedoing, perforating, fracturing, testing, logging, acidizing, cementing, completing or repairing; (ii) "Material" means casing, tanks, pipelines, fuel, machinery, equipment, appliances, buildings, structures, tools, bits or supplies. "Material" does not include drilling rigs or hoists or their integral component parts except wire lines.

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29-3-102. Nonimpairment of lien attached to estate less than fee or to equitable or legal contingent interest.

(a) If a lien as provided by this chapter attaches to an estate less than the fee, forfeiture of the estate shall not impair any lien which attaches prior to forfeiture as to material, appurtenances and fixtures previously located on the estate. (b) If a lien provided in this chapter attaches to an equitable interest or to a legal interest contingent upon the happening of a condition subsequent, failure of the interest to ripen into legal title or failure of the condition subsequent shall not impair any lien as to material, appurtenances and fixtures located thereon to which the lien attached prior to the failure.

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29-3-103. Extent of liens; generally.

(a) Every person who works upon or furnishes material, whether incorporated into the real property or not, under contract with the owner of any interest in real estate or with an agent, trustee or receiver of an owner has a lien to secure payment for: (i) Constructing, altering, digging, drilling, driving, boring, operating, completing or repairing any wells, mines or quarries; (ii) Altering, repairing or constructing any oil derrick, oil tank or any pipelines; (iii) Transportation and related mileage charges plus interest from the date due; (iv) Advertising, selling and preparing for sale; (v) Sheriff's fees; and (vi) Attorney's fees and other costs of collection. (b) Notwithstanding subsection (a) of this section and W.S. 29-3-105(a)(iii) through (ix): (i) If work is performed for or materials are furnished the owner of an estate less than a fee the lien granted by this chapter shall not extend to the underlying fee or royalty interest unless expressly provided by contract with the owner of the underlying fee or royalty interest; (ii) If work is performed for or materials furnished to the owner, part owner or lessee of the working interest in only a portion of the acreage covered by a lease, the lien granted by this chapter shall be restricted to that portion of the acreage; and (iii) If work is performed for, or materials furnished to the owners or an agent, trustee of [or] receiver of the owners of lands, leases or interests therein validly pooled or unitized by agreement of the owners thereof or by operation of law, the lien granted by this chapter shall extend to the lands, leases or interests so pooled or unitized.

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29-3-104. Extent of liens; persons furnishing material or work under contract.

Any person, who furnishes or rents any materials or provides any work under contract with any contractor or subcontractor shall have a lien on all the property on which the lien of the contractor may attach to the same extent as the contractor's lien to secure payment.

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29-3-105. Extent of liens; on oil, or proceeds thereof;

notice to purchaser required; effect of notice; purchaser to withhold payments. (a) The lien provided by this chapter covers: (i) All the production of oil, gas and ore and minerals in solid form attributable to the interest subject to the lien; (ii) The proceeds of production attaching to the working interest as the working interest existed on the date labor was first performed or materials were first furnished; (iii) Any well; (iv) Oil derricks; (v) Oil tanks; (vi) Any pipelines including rights-of-way; (vii) Any mine or quarry; (viii) All materials furnished for use with work done; and (ix) The whole of the land or leasehold (or, in the case of validly pooled or unitized lands, leases or interests, the lands, leases or interests so pooled or unitized) and including all other wells, buildings, property and appurtenances, including water rights, located on the land or leasehold (or pooled or unitized lands, leases or interests) where work was performed or materials furnished. (b) Any lien claimed pursuant to this chapter covering oil, gas or ore and minerals in solid form or the proceeds of their sale is not effective against any purchaser of the oil, gas or ore and minerals in solid form until written notice of the claim is delivered by certified mail, return receipt requested, to the purchaser at his principal place of business. Notice shall state: (i) The name of the claimant; (ii) His address; (iii) The amount of the lien; and (iv) The description of the interest on which the lien is claimed. (c) The production of any mineral interest or working interest otherwise subject to a lien under this chapter is not to be encumbered until notice of the lien is delivered as provided in subsection (b) of this section to the holder of the interest. At the time notice is given any proceeds remaining unpaid or any proceeds yet to be paid on future sales of the mineral production shall be encumbered by the lien. (d) A purchaser shall withhold payments for oil or gas runs or ore and minerals in solid form to the extent of the lien amount claimed until delivery of written notice the claim is settled or until otherwise ordered by a court of competent jurisdiction.

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29-3-106. Lien statement to be filed; $750 minimum; place and time of filing.

(a) To perfect the lien provided by this chapter, a lien statement shall be filed with the county clerk and notice by certified mail shall be given by the lien claimant. (b) The lien statement may be filed and the lien shall attach and be enforced if any sum exceeding seven hundred fifty dollars ($750.00) for materials furnished or work performed according to this chapter is owing. The lien claimant may file a lien statement in the office of the county clerk in any county where any part of the land, leasehold, mine, quarry, pipeline or other property to which a lien may attach under this chapter is situated within one hundred eighty (180) days: (i) After the last day materials were delivered or work was performed under contract; (ii) From the date the work was substantially completed as determined by the facts in each case; or (iii) With respect to an employee or subcontractor, after the last day he performed work at the direction of his employer or contractor.

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29-3-107. Property not to be sold or removed after

perfected lien attaches without lienholder's consent; lienholder's rights upon violation. (a) Property subject to a perfected lien shall not be sold or removed from the premises where it is located without the written consent of the holder of the lien and as may be appropriate by: (i) The owner of the land; (ii) The owner of any associated oil, gas or mineral leasehold interest; (iii) The owner of any oil, gas or water pipeline; (iv) Any contractor or subcontractor; (v) The purchaser, trustee, receiver or agent of any owner; (vi) Any lessor or lessee; or (vii) Any agent of any contractor, subcontractor or purchaser. (b) If a violation of this section occurs, the lienholder is entitled to possession of the property against which a perfected lien has attached wherever located and is entitled to have the property sold for payment of the debt whether the debt is due or not.

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29-3-108. Fraudulent violation of section 29-3-107; penalty.

If any person removes any property covered by the lien created by this chapter from its location when the lien is filed and recorded without the written consent of the holder of the lien and with intent to defraud the lienholder, either originally or by transfer, the person removing or causing the property to be removed is guilty of a misdemeanor. On conviction he shall be punished by a fine of not more than seven hundred fifty dollars ($750.00).

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29-3-109. Limitation of actions and duration of liens;

procedure when property subject to lien removed to another county. (a) Every person holding a lien created by this chapter may proceed to obtain a judgment for the amount claimed by civil action commenced on the account within one hundred eighty (180) days after filing of the lien statement required by W.S. 29-3-106. The lien shall continue until the case is finally determined. (b) If any person removes any property subject to a lien to a county other than the one in which the lien is filed, the lien claimant may within thirty (30) days thereafter file with the county clerk of the county to which it has been removed an itemized inventory of the property removed. The inventory shall show the amount due and unpaid on the lien. The inventory shall be recorded in the lien records of that county. The filing shall operate as a notice of the continuing existence of the lien. The lien shall attach and extend to the land or leasehold and other premises, properties and appurtenances to which the property removed is attached.

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29-3-110. Limitation upon owner's liability and rights.

Nothing in this chapter shall be construed to fix a greater liability against the owner of the land or leasehold (or pooled or unitized lands, leases or interests, as the case may be) than the price or sum stipulated by the owner to be paid for the materials or services furnished or labor performed. The owner shall not have the right to offset obligations of the contractor unless these obligations arise out of the original contract.

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29-3-111. Claim against contractor submitted to owner;

reduction of subsequent payments to contractor by owner; duty of owner to notify contractor and of contractor to dispute or adjust claim. (a) Every person performing any work or furnishing any material, as specified in this chapter, under contract whose demand to be reimbursed for the work done or material furnished has not been paid shall serve the owner by certified mail return receipt requested, with an account signed before a notarial officer of the amount and value of the work performed or the material furnished remaining unpaid. Thereafter the owner or his agent shall retain out of any subsequent payments to the contractors the value of the work performed or material furnished for the person making the claim. (b) When notice is served on the owner according to subsection (a) of this section he shall immediately furnish the contractor with a copy of the notice. (c) Within ten (10) days of receipt of the notice required by this section the contractor shall give the owner affirmative written notice of: (i) His intent to dispute the claim; or (ii) His intent the claim should be settled as filed. (d) If within ten (10) days after receiving notice the contractor takes no action he shall be presumed to have agreed to the validity of the claim. The owner is then authorized to withhold enough of all subsequent payments to be made to the contractor to pay all claims as they come due.

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29-4-101. Persons entitled to lien; extent thereof.

(a) Any person who performs any work or furnishes any materials for the construction or improvement of any ditch, canal or reservoir under contract with the owner or his contractor or subcontractor, on complying with W.S. 29-2-101 through 29-2-109, is entitled to a lien for work done or material furnished upon the ditch, canal or reservoir. The lien covers: (i) The right-of-way for the ditch, canal or reservoir; (ii) The pertinent water permits and water rights; and (iii) The reclaimed lands for which the ditch, canal or reservoir was constructed.

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29-4-102. Filing of lien statement; enforcement.

Any person entitled may file a lien statement as provided by W.S. 29-1-103 through 29-1-314 and 29-2-101 through 29-2-113 and may enforce his lien in the same manner.

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29-5-101. Definitions.

(a) As used in this chapter: (i) "Crops" means any agricultural products grown or processed in this state; (ii) "Elevators" means facilities leasing space for storage of crops; (iii) "Harvesting" means cubing, baling, threshing, combining, swathing, chopping, digging, picking or shelling crops.

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29-5-102. Persons entitled to lien; extent thereof.

All persons owning or operating harvesting machines are entitled to a lien on the crops harvested by them for the work performed in harvesting the crops.

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29-5-103. Lien statement to be filed; contents; mistake in description not fatal; notice to purchaser or owner.

(a) Every person proceeding under this chapter shall file a lien statement sworn before a notarial officer setting forth the amount claimed to be due him with the county clerk of the county in which the crops were grown, within thirty (30) days after: (i) The last work performed under contract in the harvesting of the crops; or (ii) The work was substantially completed. (b) In addition to the requirements of W.S. 29-1-312(a) this statement shall contain: (i) A description of the legal subdivision of land where the crops are stored; and (ii) If the crops are stored in an elevator, the location of the elevator. (c) Any error or mistake in the statement describing the crops or the property on which they were raised shall not invalidate the lien. (d) If the crops are being hauled from the machine direct to the elevator or to any purchaser any person desiring to claim a lien by proceeding under this chapter shall serve written notice on the purchaser or the owner of the crops that he may claim a lien on the crops for his work performed.

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29-5-104. Priority of lien.

The lien for work performed as specified in W.S. 29-5-102 has precedence over any mortgage or encumbrance except those created by W.S. 29-8-102 relating to liens for the production of farm products under contracts executed, entered into, renewed or substantively amended after July 1, 2001.

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29-5-105. Limitation of actions; duration of lien.

Actions for the foreclosure of the lien provided by this chapter shall be commenced within sixty (60) days from the filing of the lien statement. No lien continues to exist by virtue of this chapter for more than sixty (60) days after the lien is filed unless within that time a civil action is instituted to obtain a judgment. When any action commences within the sixty (60) days, the lien continues until the suit is finally determined and satisfied.

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29-5-106. Removal of encumbered property without lienholder's consent; penalty.

If any person removes any property covered by the lien created by this chapter from the place where the property is located when the lien statement is filed without the written consent of the holder of the lien, either originally or by transfer, the person causing the property to be removed is guilty of a misdemeanor. On conviction he may be fined not more than seven hundred fifty dollars ($750.00).

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29-6-101. Repealed by Laws 1988, ch. 41, § 2.

Repealed by Laws 1988, ch. 41, § 2.

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29-6-102. Repealed by Laws 1988, ch. 41, § 2.

Repealed by Laws 1988, ch. 41, § 2.

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29-6-103. Repealed by Laws 1988, ch. 41, § 2.

Repealed by Laws 1988, ch. 41, § 2.

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29-6-104. Repealed by Laws 1988, ch. 41, § 2.

Repealed by Laws 1988, ch. 41, § 2.

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29-6-105. Repealed by Laws 1988, ch. 41, § 2.

Repealed by Laws 1988, ch. 41, § 2.

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29-6-106. Repealed by Laws 1988, ch. 41, § 2.

Repealed by Laws 1988, ch. 41, § 2.

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29-6-107. Repealed by Laws 1988, ch. 41, § 2.

Repealed by Laws 1988, ch. 41, § 2.

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29-6-201. Short title.

This act shall be known and may be cited as the "Uniform Federal Lien Registration Act".

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29-6-202. Application and construction of provisions.

This act shall be applied and construed to effectuate its general purpose to make uniform the laws of those states which enact it.

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29-6-203. Applicability.

This act applies only to federal tax liens and to other federal liens, notices of which under any act of congress or any regulation adopted pursuant thereto are required or permitted to be filed in the same manner as notices of federal tax liens.

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29-6-204. Federal liens; place of filing.

(a) Notices of liens, certificates and other notices affecting federal tax liens or other federal liens shall be filed in accordance with this act. (b) Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be filed in the office of the county clerk of the county in which the real property subject to the liens is situated. (c) Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed as follows: (i) If the person against whose interest the lien applies is a corporation or a partnership whose principal executive office is in this state, as these entities are defined in the internal revenue laws of the United States, in the office of the secretary of state; (ii) If the person against whose interest the lien applies is a trust that is not covered by paragraph (i) of this subsection, in the office of the secretary of state; (iii) If the person against whose interest the lien applies is the estate of a decedent, in the office of the secretary of state; (iv) In all other cases, in the office of the county clerk of the county where the person against whose interest the lien applies resides at the time of filing of the notice of lien.

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29-6-205. Certification of notices and certificates.

Certification of notices of liens, certificates or other notices affecting federal liens by the secretary of the treasury of the United States or his delegate, or by any official or entity of the United States responsible for filing or certifying of notice of any other lien, entitles them to be filed and no other attestation, certification or acknowledgement is necessary.

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29-6-206. Duties of filing officer.

(a) If a notice of federal lien, a refiling of a notice of federal lien or a notice of revocation of any certificate described in subsection (b) of this section is presented to a filing officer who is: (i) The secretary of state, he shall cause the notice to be marked, held and indexed in accordance with the provisions of W.S. 34.1-9-519 of the Uniform Commercial Code as if the notice were a financing statement within the meaning of that code; or (ii) Any other officer described in W.S. 29-6-204, he shall endorse thereon his identification and the date and time of receipt and immediately file it alphabetically or enter it in an alphabetical index showing the name and address of the person named in the notice, the date and time of receipt, the title and address of the official or entity certifying the lien and the total amount appearing on the notice of lien. (b) If a certificate of release, nonattachment, discharge or subordination of any lien is presented to the secretary of state for filing he shall: (i) Cause a certificate of release or nonattachment to be marked, held and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code and maintain a permanent record of the notice of the lien in the file or on microfilm or by other photographic means; and (ii) Cause a certificate of discharge or subordination to be marked, held and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code. (c) If a refiled notice of federal lien referred to in subsection (a) of this section or any of the certificates or notices referred to in subsection (b) of this section is presented for filing to any other filing officer specified in W.S. 29-6-204, he shall permanently attach the refiled notice or the certificate to the original notice of lien and enter the refiled notice or the certificate with the date of filing in any alphabetical lien index on the line where the original notice of lien is entered. (d) Upon request of any person, the filing officer shall issue his certificate showing whether there is on file, on the date and hour stated therein, any notice of lien or certificate or notice affecting any lien filed under this act or under W.S. 29-6-101 through 29-6-107 [repealed] as those sections existed prior to the enactment of this act, naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate.

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29-6-207. Fees.

Fees for filings, lien searches, certifications and copying under this act shall be the same as the fees prescribed for financing statements under W.S. 34.1-9-409.

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29-6-208. Prior filings of notices and certificates.

Filing officers with whom notices of federal tax liens, certificates and notices affecting those liens have been filed on or before July 1, 1988, shall, after that date, continue to maintain in a file, on microfilm or by other photographic means, copies of all federal tax lien notices filed prior to July 1, 1988, notices and certificates filed in numerical order of receipt. If a notice of lien was filed on or before July 1, 1988, any certificate or notice affecting the lien shall be filed in the same office.

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29-7-101. Persons entitled to lien; exception.

(a) Any person is entitled to a lien on any goods, chattels or animals for his reasonable charges for work or services performed or feed provided when he: (i) Makes, alters, repairs, bestows work upon, transports, stores or keeps the same; or (ii) Feeds, herds, pastures or cares for any domestic or wild animal lawfully held in captivity. Any person creating a lien under this paragraph shall file the lien in the office of the secretary of state. (b) W.S. 29-7-101 through 29-7-106 shall not apply where a lien is provided by W.S. 29-7-301 and 34.1-7-209. A person engaging in self-storage operations whereby members of the public rent space from the person to store goods and chattels and retain control over access to the goods and chattels is not a warehouseman under W.S. 34.1-7-102(a)(xiii) and is entitled to a lien under this section. A towing and recovery service as defined in W.S. 31-13-101(a)(xiv) is not a warehouse under W.S. 34.1-7-102(a)(xiii) and is entitled to a lien under this section.

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29-7-102. Right of possession by lien claimant;

termination thereof; removal of property without lienholder's consent; penalty therefor; filing of lien statement in lieu of possession. (a) A lien claimant may retain possession of the property to which the lien pertains until paid for the labor, services, materials and feed which entitle the lien claimant to assert the lien. However, the right of possession terminates six (6) months after the date upon which the charges become due and payable unless the lien claimant has commenced proceedings to foreclose the lien as provided by W.S. 29-7-101 through 29-7-106. (b) If any person causes to be removed from the possession of a lien claimant any property or part thereof which is subject to the lien created by W.S. 29-7-101 through 29-7-106 from the place where the property was located when the lien is perfected, without the written consent of the owner and the holder of the lien or his agent, either originally or by transfer, the person so removing the property affected by the lien is guilty of a misdemeanor. On conviction he may be punished by a fine of not more than seven hundred fifty dollars ($750.00). (c) If a lien claimant desires to continue a lien without retaining possession, he may before voluntarily releasing possession file a lien statement in the office of the county clerk of the county where the property is located, or in the case of a feeder's lien under paragraph (a)(ii) of this section, in the office of the secretary of state. (d) If possession is terminated without the lien claimant's consent, he may perfect the lien by filing a lien statement on or before thirty (30) days after possession is terminated. (e) For a vehicle subject to a lien under this title: (i) Within thirty (30) days from the date payment is due, the lien claimant shall send by certified mail, return receipt requested, to their last known address a notice of the intent to file, enforce and foreclose a lien to all persons known to claim an interest in the vehicle. The notice shall include: (A) The information required under W.S. 29-7-105(b); (B) The information required under W.S. 29-1-312(b); and (C) The make, year, model, license plate number and state indicator if available, and vehicle identification number. (ii) The duration of collectable storage fees shall not exceed one hundred eighty (180) days from the date service was completed unless notice of intent to file a lien was sent pursuant to this subsection and action to enforce and foreclose the lien has commenced; (iii) "Vehicle" means as defined in W.S. 31-13-101(a)(ix); (iv) Except as otherwise provided in W.S. 31-13-104(g), any towing and recovery service as defined by W.S. 31-13-101(a)(xiv) shall request a title search report upon a form prescribed by the department of transportation within five (5) business days after a towed vehicle has remained in a recovery lot for more than five (5) business days. Upon receipt of the request, the department of transportation shall make reasonable efforts to identify the owner and any lienholders of record. The department of transportation shall forward the information obtained to the towing and recovery service within five (5) business days of receipt of the request for any vehicle registered in Wyoming or within seven (7) business days of receipt of the request for any vehicle registered in another jurisdiction. Upon receipt of the information, the towing and recovery service shall notify the lienholders of record of the location of the vehicle within one (1) business day of receipt of the information.

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29-7-103. Lien statement; additional contents; county clerk to note lien on certificate of title.

(a) A lien statement under W.S. 29-7-101 through 29-7-106 shall provide in addition to the requirements of W.S. 29-1-312(b) whether the lien claimant was in possession of the property at the time the lien statement was filed or the owner consented to the filing of the lien. Notwithstanding W.S. 29-1-312(a), a feeder's lien created pursuant to W.S. 29-7-101(a)(ii) shall be filed in the office of the secretary of state together with any applicable filing fees. (b) A lien statement relating to a motor vehicle or other property, title to which is evidenced by a certificate of title, shall not be valid as to the motor vehicle or property unless the county clerk concurrently with the filing of the lien statement places on the certificate of title an appropriate notation showing the date, the amount of the lien and the name of the lien claimant. Each notation under this subsection after the first shall be accompanied by a fee of one dollar ($1.00) paid to the county clerk. If the county clerk issues the certificate of title, he shall immediately endorse the same encumbrance data on the certificate copy on file in his office. If the certificate is issued in some other county or state the county clerk shall promptly transmit to the state or county officer who issued the certificate of title the same encumbrance data. The other county officer shall promptly place the data on the certificate copy on file in his office.

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29-7-104. Termination of lien; effect thereof on claimant's right of possession.

(a) A lien under W.S. 29-7-101 through 29-7-106 terminates: (i) Upon a lienor's voluntary surrender of possession of the property, unless a lien statement has previously been filed as provided in W.S. 29-7-103; (ii) One hundred eighty (180) days after the date upon which the work, services, materials and feed giving rise to the lien were performed or furnished unless a lien statement has previously been filed as provided by W.S. 29-7-103; and (iii) One hundred eighty (180) days after a lien statement is filed as provided in W.S. 29-7-103, unless action to enforce and foreclose the lien has commenced. (b) Upon termination of a lien, the lien claimant has no further right to possession of the property and no further interest therein.

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29-7-105. Repossession; enforcement of lien by sale;

notice thereof to known claimants; satisfaction by any claimant; title of good faith purchaser; disposition of proceeds; additional creditors' rights; liability for noncompliance with section; "commercially reasonable". (a) Subject to the termination of a lien as provided in W.S. 29-7-104, a lienor who has surrendered possession involuntarily has the right to repossess the property subject to the lien. In repossessing a lienor may proceed without judicial process if this can be done without breach of the peace. A lienor may also replevy the property or use any other judicial action available. (b) A lien arising under W.S. 29-7-101 through 29-7-106 may be enforced by public or private sale of the property en bloc or in parcels at a time or place and on terms which are commercially reasonable after mailing by certified mail, return receipt requested, to their last known address a notice to all persons known to claim an interest in the property. The notification shall include: (i) A statement of the amount due; (ii) The nature of the proposed sale; and (iii) The time and place of any public sale. (c) Before any sale pursuant to this section any person claiming a right in the property may pay the amount necessary to satisfy the lien and the reasonable expenses incurred under this section. (d) The lien claimant may buy at any public sale pursuant to this section. (e) A purchaser in good faith of property sold to enforce a lien under W.S. 29-7-101 through 29-7-106 takes the property free of any rights of persons against whom the lien was valid, despite noncompliance by the lien claimant with the requirements of this section. (f) A lien claimant may satisfy his lien from the proceeds of any sale pursuant to this section but shall hold the balance, if any, for delivery on demand to the owner of the property or any person entitled thereto. The owner or any other person demanding delivery of the balance shall furnish to the lien claimant reasonable evidence of his right to take delivery. (g) The rights provided by W.S. 29-7-101 through 29-7-106 shall be in addition to all other rights allowed by law to a creditor against his debtor. (h) A lien under W.S. 29-7-101 through 29-7-106 may also be enforced in accordance with the procedure set forth in W.S. 34.1-7-210(b). (j) A lien claimant is liable for damages caused by failure to comply with this section. (k) The fact a better price could be obtained by a sale at a different time or in a different method from that selected by the lien claimant is not sufficient to establish a sale as not made in a commercially reasonable manner.

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