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 205 – Subrogation.
38-11-205. Subrogation. (1) (a) (i) The state, on behalf of the fund, has the right of subrogation only to the extent of payments made from the fund. (ii) Upon payment from the fund to a claimant, any payment to the claimant that was the basis of the claimant’s claim against the fund shall be assigned […]
Section 206 – Limitations on fund balance.
Effective 5/8/2018 38-11-206. Limitations on fund balance. By October 1 of each year, the division shall provide a written report to the Legislature and the Business and Labor Interim Committee that describes: (1) the amount of money in the fund, including the encumbered fund balance; (2) an estimate of when the fund will have insufficient […]
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 […]