CHAPTER 1 - GENERAL PROVISIONS

 

ARTICLE 1 - MISCELLANEOUS LIENS

 

29-1-101.  Lien of state on realty of debtor.

 

The amount of every account audited, adjusted and found due to the state including penalties and interest is a lien upon the real property of the person charged with the debt. The lien shall be in effect from the time suit commences for the recovery of the debt.

 

29-1-102.  Lien of attorneys on papers and monies of clients.

 

(a)  For professional services performed on behalf of a client, an attorney shall have a lien for compensation due him from the time of giving notice of the lien. The attorney's lien attaches upon:

 

(i)  Any papers or money of his client which have come into his possession;

 

(ii)  Money due his client and in the possession of an adverse party.

 

(b)  Notice as required by subsection (a) of this section to be given to any person against whom the lien is asserted shall be given by certified mail, return receipt requested.

 

ARTICLE 2 - CONSTRUCTION

 

29-1-201.  Definitions; agency relationships presumed.

 

(a)  Except as otherwise provided, as used in this title:

 

(i)  "Contractor" means:

 

(A)  A person employed by and contracting with an owner to improve an owner's property including:

 

(I)  An architect;

 

(II)  A professional engineer; and

 

(III)  A surveyor.

 

(ii)  "Furnish" includes selling or renting;

 

(iii)  "Improve or improvement" means:

 

(A)  Demolition, erection, alteration or repair of any property for its permanent benefit;

 

(B)  Any work performed or material furnished for the permanent change of any real property; and

 

(C)  Materials manufactured pursuant to contract.

 

(iv)  "Lien claimant" means any person who claims a lien under this title pursuant to a contract for improvement of property entered into by an owner of the property;

 

(v)  "Owner" as used in this act means:

 

(A)  With respect to construction liens: any person with a legal or equitable interest in the property to be changed, altered or improved, for whose use or benefit any improvement shall be made or any materials furnished;

 

(B)  With respect to mines, quarries, oil, gas or other wells: a person holding any interest in the legal or equitable title, or both, to any leasehold for oil or gas purposes and purchasers under executory contract, receivers and trustees;

 

(C)  With respect to ditches, canals and reservoirs: a person holding any interest in the legal or equitable title to any ditch, canal or reservoir including rights-of-way, water permits, ditch rights and related easements of any type or kind. "Owner" includes purchasers under executory contract, receivers and trustees.

 

(vi)  "Subcontractor" or "materialman" means a person other than a contractor performing work or furnishing materials to an owner or a contractor under contract;

 

(vii)  "Work" shall be as requested, authorized or ratified under contract.

 

(b)  Only the following agency relationships are presumed in this title:

 

(i)  If any spouse enters into a contract for the performance of any work or the furnishing of any materials for the benefit of the property of the other spouse for which a lien is provided by this title, the spouse contracting for the work shall be presumed to be the agent of the spouse owning the property;

 

(ii)  Between joint tenants;

 

(iii)  Among tenants in common; and

 

(iv)  An employee is an agent of his employer.

 

ARTICLE 3 - PRACTICE AND PROCEDURE

 

29-1-301.  Lien statement to be filed; contents; notice; fee.

 

(a)  In order to have a perfected lien pursuant to this title, a lien claimant shall file with the county clerk a lien statement sworn to before a  notarial officer. The county clerk shall file the statement and index by date, name of claimant and property owner, and legal description.

 

(b)  The lien statement and the abstracts shall contain as appropriate the following information:

 

(i)  The name and address of the person seeking to enforce the lien;

 

(ii)  The amount claimed to be due and owing;

 

(iii)  The name and address of the person against whose property the lien is filed;

 

(iv)  An itemized list setting forth and describing materials delivered or work performed;

 

(v)  The name of the person against whom the lien claim is made;

 

(vi)  The date when labor was last performed or services were last rendered or the date when the project was substantially completed;

 

(vii)  The legal description of the premises where the materials were furnished or upon which the work was performed; and

 

(viii)  A copy of the contract, if available.

 

(c)  Notice shall be given to the last known owner in the case of a real estate lien by certified mail and made by the lien claimant promptly after the lien statement is filed.

 

(d)  As a fee for filing a lien statement, the county clerk shall collect from the lien claimant the same fee as provided by W.S. 18-3-402.

 

(e)  The fee may be assessed as costs in any action to foreclose the lien.

 

29-1-302.  Notice of satisfaction to be filed.

 

Whenever any debt which is a lien pursuant to this title is paid and satisfied, the lien claimant shall file notice of satisfaction of the lien statement in the office of the county clerk of any county in which the lien is filed.

 

29-1-303.  Liability for failure to enter satisfaction.

 

In addition to any actual damages, any creditor refusing or neglecting to enter satisfaction within thirty (30) days after payment as provided by W.S. 29-1-302 and after having received by certified or registered mail a request in writing for the entering of satisfaction is liable for damages of not less than one-tenth of one percent (.10%) of the original principal amount of the debt per day until such time as the lien claimant enters satisfaction. The additional damages authorized by this section shall not exceed one hundred dollars ($100.00) per day.

 

29-1-304.  Rules of Civil Procedure applicable in foreclosure action.

 

In any action to foreclose a lien the Wyoming Rules of Civil Procedure shall govern.

 

29-1-305.  Priority of liens.

 

(a)  Except as provided in this section the liens provided by this title shall be on an equal footing without reference to the date of the filing of the lien statement.

 

(b)  Any lien perfected as provided by this title attaches to the materials, machinery or supplies furnished and improvements made in preference to any subsequent lien, security interest or mortgage under any other provision of law which has been perfected upon real or personal property, including a leasehold interest, against which the lien is claimed.

 

(c)  Any lien, security interest or mortgage which has been perfected upon real or personal property or upon a leasehold interest prior to the commencement of any construction work or repair of the premises or property except as provided by chapter 7 of this title or W.S. 29-8-102 relating to liens for the production of farm products under contracts executed, entered into, renewed or substantively amended on or after July 1, 2001, shall have priority.

 

(d)  Where a sale is ordered by the court on foreclosure of any lien provided by this title and the proceeds from the sale are insufficient to discharge in full all of the liens, the proceeds shall be prorated among the several lien claimants according to the amounts of their respective claims.

 

(e)  The priority of a perfected lien for a cooperative utility provided in W.S. 29-2-101(d) shall be determined by the date and time the lien statement is filed and shall not have priority over other perfected liens or mortgages on the same property which have been perfected prior to the filing date.

 

29-1-306.  Work or materials furnished considered done under same contract; exceptions.

 

(a)  All work performed or materials furnished by a person entitled to a lien as provided by this title shall be considered as having been done under the same contract unless:

 

(i)  For a contractor, more than one hundred eighty (180) days elapse from the date of the performance of any work or the furnishing of any materials and the date when work or materials are next performed or furnished; or

 

(ii)  For any person not a contractor claiming relief under this title more than ninety (90) days elapse as provided in paragraph (a)(i) of this subsection.

 

29-1-307.  Notice of foreclosure to prior perfected lienholders; effect of failure to notify.

 

The holder of any prior perfected lien upon the land or the leasehold interest is entitled to notice in suits to foreclose the lien. A foreclosure proceeding shall not be rendered invalid by failure to give the notice required by this section.

 

29-1-308.  Remedies not exclusive.

 

The remedies provided by this title are not exclusive.

 

29-1-309.  Filing and recording fees.

 

The county clerk shall be paid the same fees as provided by W.S. 18-3-402 for filing and recording all papers under this title.

 

29-1-310.  Bond to satisfy lien; terms of bond; filing and effect thereof; action upon bond.

 

(a)  Any lien created pursuant to Title 29 filed against any property, personalty or realty is satisfied if the owner of the property, a contractor or subcontractor has filed a corporate surety bond, letter of credit, cash or cash equivalent of established value approved by the district court in the county where the lien was filed in an amount equal to one and one-half (1 1/2) times the amount of the lien.

 

(b)  The bond shall guarantee that if the lien claimant is finally adjudged to be entitled to recover upon the lien, the principal or his sureties, jointly and severally, shall pay the claimant the amount of and [the] judgment for at least the amount for which the lien was filed plus costs.

 

(c)  The bond may be filed any time prior to a final judgment in an action to foreclose the lien.

 

(d)  The bond shall be filed with the clerk of the district court in the county where the lien was filed.

 

(e)  Upon the filing of the bond, the lien against the property shall be forthwith discharged and released in full, and the security described in subsection (a) of this section shall be substituted. The clerk of court shall issue a notice of satisfaction of lien which the owner, contractor or subcontractor may file in the office of the county clerk where the lien was filed which shall show that the lien has been satisfied.

 

(f)  A lien claimant whose lien has been satisfied by the substitution of the security described in subsection (a) of this section may bring an action upon the bond or undertaking. The action shall be commenced within the time allowed for the commencement of an action to foreclose the lien.

 

29-1-311.  False or frivolous liens; damages; penalties.

 

(a)  Any claim of lien against a federal, state or local official or employee based on the performance or nonperformance of that official's or employee's duties shall be invalid unless accompanied by a specific order from a court of competent jurisdiction authorizing the filing of the lien or unless a specific statute authorizes the filing of the lien.

 

(b)  Any person whose real or personal property is subject to a recorded claim of lien who believes the claim of lien is invalid under subsection (a) of this section, was forged, or that the person claiming the lien knew at the time of filing the lien was groundless, contained a material misstatement or false claim, may petition the district court of the county in which the claim of lien has been recorded for the relief provided in this subsection. The petition shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or his attorney setting forth a concise statement of the facts upon which the motion is based. The clerk of court shall assign a cause number to the petition and obtain from the petitioner a filing fee of thirty-five dollars ($35.00). Upon the filing of the petition the following shall apply:

 

(i)  The court may enter its order, which may be granted ex parte, directing the person claiming the lien to appear before the court at a time no earlier than six (6) nor later than fifteen (15) days following the date of service of the petition and order on the person claiming the lien, and show cause, if any, why the relief provided in this subsection should not be granted;

 

(ii)  The order shall clearly state that if the person claiming the lien fails to appear at the time and place noted, the claim of lien shall be stricken and released, and that the person claiming the lien shall be ordered to pay damages of at least one thousand dollars ($1,000.00) or actual damages, whichever is greater, and the costs incurred by the petitioner, including reasonable attorneys' fees;

 

(iii)  The order and petition shall be served upon the person claiming the lien by personal service, or, where the court determines that service by mail is likely to give actual notice, the court may order that service be made by mailing copies of the petition and order to the person claiming the lien at his last known address or any other address determined by the court to be appropriate.  Two (2) copies shall be mailed, postage prepaid, one by ordinary first class mail and the other by a form of mail requiring a signed receipt showing when and to whom it was delivered. The envelopes shall bear the return address of the sender;

 

(iv)  If, following a hearing on the matter the court determines that the claim of lien is invalid under subsection (a) of this section, was forged or that the person claiming the lien knew at the time of filing the lien was groundless or contained a material misstatement or false claim, the court shall issue an order striking and releasing the claim of lien and awarding damages of one thousand dollars ($1,000.00) or actual damages, whichever is greater, costs and reasonable attorneys' fees to the petitioner to be paid by the person claiming the lien;

 

(v)  If the court determines that the claim of lien is valid, the court shall issue an order so stating and shall award costs and reasonable attorneys' fees to the person claiming the lien to be paid by the petitioner.

 

(c)  Any person who offers to have recorded or filed a forged or groundless lien in violation of this section with the intent to threaten, harass or intimidate a public official or employee in the performance or nonperformance of his official duties is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.