Section 103 – Scope of chapter.
38-13-103. Scope of chapter. (1) This chapter may not be interpreted to impair or affect the right of any person to whom a debt may be due for any work performed or materials furnished to maintain a personal action to recover the same. (2) This chapter supersedes Sections 38-2-3 and 38-2-4 as it relates to […]
Section 201 – Lien on aircraft — Filing required — Notice — Release.
38-13-201. Lien on aircraft — Filing required — Notice — Release. (1) A repairman who makes, alters, repairs, or performs labor on an aircraft at the request of the owner or other person entitled to possession of the aircraft shall have a lien upon the aircraft for the reasonable value of the following furnished and […]
Section 202 – Foreclosure on a lien.
38-13-202. Foreclosure on a lien. (1) A repairman shall file a foreclosure action in a court of competent jurisdiction to enforce the lien filed under this chapter within 180 days from the day on which the repairman sends notice of the lien in accordance with Section 38-12-102. (2) In a foreclosure action filed under this […]
Section 203 – Repossession of aircraft.
38-13-203. Repossession of aircraft. (1) If a repairman is not in possession of the aircraft under Section 38-13-201, a repairman may take possession of an aircraft to recover the amounts owed under a lien imposed by this chapter if: (a) the repairman obtains a foreclosure judgment under Section 38-13-202; (b) the repairman provides written notice […]
Section 204 – Selling the aircraft.
38-13-204. Selling the aircraft. (1) A repairman may sell an aircraft subject to a lien under this chapter if: (a) the repairman receives a judgment in the foreclosure action filed under Section 38-13-202; (b) the repairman gives notice to: (i) the owner of the aircraft; (ii) the customer as indicated on the work order for […]
Section 205 – Priority of liens.
38-13-205. Priority of liens. (1) Except as provided in Subsection (2), a lien imposed under this chapter has priority over any lien, mortgage, security interest, or other encumbrance arising after the day on which the lien is effective in accordance with Section 38-13-201. (2) The lien imposed under this chapter does not have priority over […]
Section 206 – Release of aircraft by posting a bond.
38-13-206. Release of aircraft by posting a bond. (1) The owner or other person entitled to possession of the aircraft may have the aircraft released from any lien claimed on it under this chapter by filing with the clerk of a court of competent jurisdiction a cash or surety bond, payable to the person claiming […]
Section 207 – Reimbursement to the fund.
38-11-207. Reimbursement to the fund. (1) If the director disburses money from the fund as a result of a person licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, or a qualified beneficiary failing to pay qualified beneficiaries: (a) the division shall issue a notice of the disbursement from the fund and the […]
Section 301 – Registration as a qualified beneficiary — Initial regular assessment — Affidavit.
Effective 5/8/2018 38-11-301. Registration as a qualified beneficiary — Initial regular assessment — Affidavit. (1) A person licensed as of July 1, 1995, as a contractor under the provisions of Title 58, Chapter 55, Utah Construction Trades Licensing Act, in license classifications that regularly engage in providing qualified services shall be automatically registered as a […]
Section 102 – Notice requirements for lien filings — Exceptions.
Effective 5/13/2014 38-12-102. Notice requirements for lien filings — Exceptions. (1) A lien claimant or the lien claimant’s agent shall send by certified mail a written copy of a notice of lien to the last-known address of the person against whom the notice of lien is filed no later than 30 days after the day […]