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 of the intent to take possession of the aircraft:
- (i) to:
- (A) the owner of the aircraft; and
- (B) any person described in Subsection 38-13-204(1)(b); and
- (ii) at least 15 days before the day on which the repairman takes possession of the aircraft;
- (i) to:
- (c) the aircraft is in the possession of one of the following if that person requested that the repairman make, alter, repair, or perform labor on the aircraft:
- (i) the owner of the aircraft; or
- (ii) other person entitled to possession of the aircraft; and
- (d) the person described in Subsection (1)(c) has not paid the amount owed under this chapter before the day on which the repairman takes possession of the aircraft.
- (2) Subject to the other requirements of this section, a repairman may take possession of an aircraft under this section:
- (a) pursuant to judicial process; or
- (b) without judicial process, if the transfer of possession of the aircraft proceeds without breach of the peace.
Enacted by Chapter 187, 2005 General Session