Section 3 – Repairman’s lien on personal property — Lien subject to rights of secured parties.
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 lien upon such article for the reasonable value […]
Section 3.1 – Special lien on personal property for services rendered — General lien of dry cleaning establishments, laundries, and shoe repair shops.
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 thereof, by labor or skill performed upon said personal property at the request […]
Section 3.2 – Sale of unclaimed personal property.
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 repairs have been made or on which materials or supplies have been used […]
Section 4 – Disposal of property by lienholder — Procedure.
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) (a) The lienor shall give notice to the owner of the property, to the customer as indicated on the work […]
Section 805 – Failure to file notice — Petition to nullify preconstruction or construction lien — Expedited proceeding.
Effective 5/12/2015 38-1a-805. Failure to file notice — Petition to nullify preconstruction or construction lien — Expedited proceeding. (1) An owner of an interest in a project property that is subject to a recorded preconstruction lien or a recorded construction lien may petition the district court in the county in which the project property is […]
Section 704 – Sale of property — Redemption — Disposition of proceeds.
38-1a-704. Sale of property — Redemption — Disposition of proceeds. (1) The court shall cause the property to be sold in satisfaction of the liens and costs as in the case of a foreclosure of a mortgage, subject to the same right of redemption. (2) If the proceeds of sale after the payment of costs […]
Section 705 – Deficiency judgment.
38-1a-705. Deficiency judgment. A claimant whose preconstruction or construction lien is not paid in full through an enforcement action as provided in this part may: (1) have judgment for the unpaid balance entered against the person liable; and (2) execute on the judgment in the same manner as execution on judgments generally. Enacted by Chapter […]
Section 706 – Apportionment of costs — Costs and attorney fees to subcontractor.
38-1a-706. Apportionment of costs — Costs and attorney fees to subcontractor. (1) Except as provided in Section 38-11-107, the court shall apportion costs between the owner and original contractor according to the right of the case. (2) The court shall award a subcontractor with a valid preconstruction or construction lien: (a) all of the subcontractor’s […]
Section 707 – Attorney fees — Offer of judgment.
38-1a-707. Attorney fees — Offer of judgment. (1) Except as provided in Section 38-11-107 and in Subsection (2), in any action brought to enforce any lien under this chapter the successful party shall be entitled to recover reasonable attorney fees, to be fixed by the court, which shall be taxed as costs in the action. […]
Section 801 – Preconstruction and construction liens assignable — Action by assignee to enforce lien.
38-1a-801. Preconstruction and construction liens assignable — Action by assignee to enforce lien. (1) A preconstruction lien or construction lien is assignable as any other chose in action. (2) An assignee of a preconstruction lien or construction lien may, in the assignee’s own name, commence and prosecute an action on the lien as provided in […]