Title 38, Title 38: Liens

38-1b-102. Definitions. As used in this chapter: (1) "Alternate means" means the same as that term is defined in Section. 38-1a-102 (2) "Construction project" means the same as that term is defined in Section. 38-1a-102 (3) "Construction work" means the same as that term is defin…

38-1b-201. Notice of commencement for a government project. (1) No later than 15 days after commencement of physical construction work at a government project site, the original contractor, owner, or owner-builder shall file a notice of commencement with the registry. (2) An orig…

38-1b-202. Preliminary notice on government project. (1) Except for a person who has a contract with an owner or an owner-builder or a laborer compensated with wages, a subcontractor on a government project shall file a preliminary notice with the registry by the later of: 20 day…

38-1b-203. Notice of intent to obtain final completion and notice of completion. Sectionsandapply to a government project to the same extent as those sections apply to a construction project that is subject to.

38-2-1. Lien on livestock -- For feed and care. Every rancher, farmer, agistor, herder of cattle, tavern keeper or livery stable keeper to whom any domestic animals shall be entrusted for the purpose of feeding, herding or pasturing shall have a lien upon such animals for the amo…

38-2-2. Liens of hotels and boardinghouse keepers. Every innkeeper, hotel keeper, boardinghouse keeper, or lodginghouse keeper shall have a lien on the baggage and other property in and about such inn belonging to or under control of guests or boarders for the proper charges due …

38-2-3. Repairman's lien on personal property -- Lien subject to rights of secured parties. Every person who shall make, alter or repair, or bestow labor upon, any article of personal property at the request of the owner or other person entitled to possession thereof shall have a…

38-2-3.1. Special lien on personal property for services rendered -- General lien of dry cleaning establishments, laundries, and shoe repair shops. Every person who, while lawfully in possession of an article of personal property, renders any service to the owner or owners thereo…

38-2-3.2. Sale of unclaimed personal property. (1) Any garments, clothing, shoes, wearing apparel or household goods, remaining in the possession of a person, on which cleaning, pressing, glazing, laundry or washing or repair work has been done or upon which alterations or repair…

38-2-4. Disposal of property by lienholder -- Procedure. (1) Any party holding a lien upon personal property as provided in this chapter may dispose of the property in the manner provided in Subsection (2). (2) The lienor shall give notice to the owner of the property, to the cus…

38-2-5. Action for deficiency. Nothing in this chapter shall take away the right of action of the party to whom such lien is given for that party's charges, or for any residue thereof, after such sale of the property.

38-2-6. Mold liens. , governs liens on molds in the possession of a molder as those terms are defined in Section.

38-2-7. Compensation -- Attorney's lien. (1) The compensation of an attorney is governed by agreement between the attorney and a client, express or implied, which is not restrained by law. (2) An attorney shall have a lien for the balance of compensation due from a client on any …

38-3-1. Lien for rent due. Except as hereinafter provided, lessors shall have a lien for rent due upon all nonexempt property of the lessee brought or kept upon the leased premises so long as the lessee shall occupy said premises and for 30 days thereafter.

38-3-2. Preference of lessor's lien over other liens and claims -- Exceptions -- Limit. (1) A lien under this chapter has preference over all other liens or claims except: claims for taxes; preconstruction or construction liens under; Title 38, Chapter 1a, Preconstruction and Con…

38-3-3. Attachment in aid of lien. Whenever any rent shall be due and unpaid under a lease, or the lessee shall be about to remove the lessee's property from the leased premises, the lessor may have the personal property of the lessee which is upon the leased premises and subject…

38-3-4. Attachment -- Affidavit and bond. The lessor shall before the issue of such writ of attachment file a complaint, and an affidavit duly sworn to setting forth the amount of rent due over and above all offsets and counterclaims and a brief description of the leased premises…

38-3-5. When attachment will issue -- Determination of priorities. Upon the filing of such complaint, affidavit and bond it shall be the duty of the court wherein the same are filed to issue a writ of attachment to the proper officer, commanding the officer to seize the property …

38-3-6. Execution of writ of attachment. It shall be the duty of the officer to whom the writ of attachment is directed to seize the property of such lessee subject to such lien, or as much thereof as shall be necessary to satisfy such debt and costs, and to keep the same until t…

38-3-7. Release of attachment -- Bond. A bond for the release of the attached property may be given, and motion to discharge the attachment may be made, as provided in the Code of Civil Procedure in cases of attachment.

38-3-8. When chapter not applicable. This chapter shall not be applicable to a written lease for a term of years in which, as part of the consideration thereof, the lessee or assigns shall erect a building or improvements upon the leased premises.

38-4-4. Unclaimed shipments -- Delivery to warehouseman. Whenever any railroad company or other common carrier, except an express company, shall have transported any baggage or freight to the place of consignment within this state, and the owner, consignee or person entitled to r…

38-5-1. Filing with clerk of district court -- Recording with county recorder -- Effect. (1) A person may file in the office of the clerk of a state district court a transcript of a judgment or decree rendered in the district court of the United States within the state. A decree …

38-5-2. Judicial lien against water rights and related assets of a mutual benefit corporation. (1) As used in this section: "Judicial lien" is defined in Section. 16-6a-119 "Mutual benefit corporation" is defined in Section. 16-6a-102 "Water rights and related assets" is defined …

38-6-1. Notice by recording with county recorder. Notices of liens for taxes payable to the United States of America, other federal liens created under acts of Congress or regulations adopted pursuant to those acts, and certificates discharging those liens, shall be recorded in t…

38-6-2. Recorder's duties. When a notice of the lien is recorded, the county recorder shall forthwith enter the notice of lien in an alphabetical federal lien index, or by grantor and grantee index, showing the name and residence of the taxpayer named in the notice, the collector…

38-6-3. Recording of certificate of discharge. When a certificate of discharge of any federal lien issued by the proper officer is recorded in the office of the county recorder where the notice of lien is recorded, the recorder shall enter the certificate of discharge with date o…

38-6-4. County to furnish indexes and files. The federal lien index and file for federal lien notices shall be furnished to the county recorders in the manner provided by law for the furnishing of books in which deeds are recorded.

38-7-1. Lien of hospital on judgment, settlement, or compromise in certain accident cases authorized. (1) Except as provided in Subsection, a hospital located within the state that furnishes emergency, medical, or other service to a patient injured by reason of an accident is ent…

38-7-2. Notice of lien required -- Filing with district court -- Mailing to injured person, heirs or legal representative, and insurance carrier. A hospital lien upon damages recovered or to be recovered for personal injuries or death shall be effective if: (1) a verified written…

38-7-2.5. Failure to notify -- Effect -- Penalty. (1) A person who fails to meet the notice requirements of Subsectionsandis precluded from receiving an award of costs and attorneys' fees from the person against whom a notice of lien has been filed in an action to enforce the lie…

38-7-3. Parties or insurance carrier making payment liable for satisfaction of lien -- Enforcement of lien. (1) Any person, firm or corporation, including an insurance carrier, making any payment to a patient or to the patient's attorney, heirs or legal representative as compensa…

38-7-4. Hospital lien docket provided by district court -- Contents. Every district court shall, at the expense of the county, provide and maintain a suitable bound book to be called the hospital lien docket, and in which shall be entered any hospital lien claim filed. The distri…

38-7-5. Release of lien by hospital -- Execution and filing -- Notification to injured patient. The hospital shall, upon receipt of payment of the lien or the portion recoverable under the lien: (1) execute and file, at the expense of the hospital, a release of lien; and (2) mail…

38-7-7. Interest of hospital in claim settlement limited. Nothing in this act shall be construed to permit any hospital to be a party to or to have any interest in the amount or manner of any settlement of any claim on which a lien has been filed other than the lien rights as pro…

38-7-8. Short title. This act may be known as the Hospital Lien Law.

38-8-1. Definitions. As used in this chapter: (1) "Certified mail" means: a method of mailing that is offered by the United States Postal Service and provides evidence of mailing; or a method of mailing that is accompanied by a certificate of mailing executed by the individual wh…

38-8-2. Lien against stored property -- Attachment and duration -- Search for financing statement prerequisite to enforcement of lien. (1) When an owner and an occupant enter into a rental agreement, the owner and the owner's heirs, executors, administrators, successors, and assi…

38-8-3. Enforcement of lien -- Notice requirements -- Sale procedure and effect. (1) An owner may enforce a lien described in Sectionagainst an occupant and sell, donate, or dispose of stored property under Subsection, without liability if: 38-8-2 38-8-3 the occupant is in defaul…

38-8-3.5. Right to tow certain vehicles subject to lien. (1) If the property subject to a lien described in Sectionis a vehicle, the occupant is in default for a continuous 60-day period, and the owner chose not to sell the vehicle under Section, the owner may have the vehicle to…

38-8-4. Posting of notice. Each owner acting under this chapter shall keep posted in a prominent place in the owner's office at all times a notice that reads as follows:"All articles stored under a rental agreement, for which charges have not been paid for 30 days, will be sold t…

38-8-5. Other liens unaffected. Nothing in this section shall be construed as in any manner impairing or affecting the right of parties to create liens by special contract or agreement, nor shall it in any manner affect or impair other liens arising at common law or in equity, or…

38-8-6. Renewal. (1) An owner may modify the terms of a rental agreement upon giving notice in writing to the occupant: by first-class mail to the occupant's last known address; or by email to the occupant's last known email address. (2) An owner shall send written notice to modi…

38-9-101. Title. (1) This chapter is known as the "Wrongful Lien Act." (2) This part is known as "General Provisions."

38-9-102. Definitions. As used in this chapter: (1) "Affected person" means: a person who is a record interest holder of the real property that is the subject of a recorded nonconsensual common law document; or the person against whom a recorded nonconsensual common law document …

38-9-103. Scope. (1) This chapter does not apply to a notice of interest filed before May 5, 2008. (2) This chapter does not apply to a lis pendens recorded in accordance with Sectionand does not prevent a person from seeking any other relief permitted by law. 78B-6-1303 (3) This…