29-1-101. Lien of state on realty of debtor. [NOTE: Effective7/1/2011, this section is Repealed by Laws 2010, Ch. 92, 3.]
Theamount of every account audited, adjusted and found due to the state includingpenalties and interest is a lien upon the real property of the person chargedwith the debt. The lien shall be in effect from the time suit commences for therecovery of the debt.
29-1-102. Lien of attorneys on papers and monies of clients. [NOTE:Effective 7/1/2011, this section is Repealed by Laws 2010, Ch. 92, 3.]
(a) For professional services performed on behalf of a client,an attorney shall have a lien for compensation due him from the time of givingnotice of the lien. The attorney's lien attaches upon:
(i) Any papers or money of his client which have come into hispossession;
(ii) Money due his client and in the possession of an adverseparty.
(b) Notice as required by subsection (a) of this section to begiven to any person against whom the lien is asserted shall be given bycertified mail, return receipt requested.
29-1-103. Short title. [This section is effective July 1, 2011.]
W.S. 29-1-103 through 29-10-106 shall be known and may becited as the "Revised Wyoming Statutory Lien Act".
29-1-104. Other lien statutes and legal processes not affected by thisact. [This section is effective July 1, 2011.]
(a) Unless other statutes relating to liens specificallyprovide that the procedures specified in chapter 1, 2, 9 or 10 of this actapply, this act is supplemental to and does not supersede any other lienstatutes contained in chapters 3 through 8 of this act nor other lien statutesnor other statutes relating in any way to liens currently existing related toother types of property or other subject matters.
(b) Nothing in this act shall affect or abridge:
(i) A right of setoff;
(ii) The right to file legal action based on equitableprinciples, including unjust enrichment, quantum meruit and other equitabledoctrines; or
(iii) The right to enforce a lien otherwise created by contract.
(a) Except as otherwise provided, as used in this title:
NOTE: Effective7/1/2011, this section will read as follows:
(a) Except as otherwise provided, as used in this act:
(i) "Contractor" means:
(A) A person employed by and contracting with an owner toimprove 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 propertyfor its permanent benefit;
(B) Any work performed or material furnished for the permanentchange of any real property; and
(C) Materials manufactured pursuant to contract.
(iv) "Lien claimant" means any person who claims alien under this title pursuant to a contract for improvement of propertyentered into by an owner of the property;
NOTE: Effective7/1/2011, this section will read as follows:
(iv) "Lien claimant" means any person who claims alien under this act pursuant to a contract for improvement of property enteredinto by an owner of the property;
(v) "Owner" as used in this act means:
NOTE: Effective7/1/2011, this section will read as follows:
(v) "Owner" means:
(A) With respect to construction liens: any person with a legalor equitable interest in the property to be changed, altered or improved, forwhose use or benefit any improvement shall be made or any materials furnished;
(B) With respect to mines, quarries, oil, gas or other wells: aperson holding any interest in the legal or equitable title, or both, to anyleasehold for oil or gas purposes and purchasers under executory contract,receivers and trustees;
(C) With respect to ditches, canals and reservoirs: a personholding any interest in the legal or equitable title to any ditch, canal orreservoir including rights-of-way, water permits, ditch rights and relatedeasements of any type or kind. "Owner" includes purchasers under executorycontract, receivers and trustees.
(vi) "Subcontractor" or "materialman" meansa person other than a contractor performing work or furnishing materials to anowner or a contractor under contract;
NOTE: Effective7/1/2011, this section will read as follows:
(vi) "Subcontractor" means a person, other than acontractor performing work for a contractor or subcontractor under contract;
(vii) "Work" shall be as requested, authorized orratified under contract.
(viii) "Material" means:
NOTE: This section becomes effective7/1/2011.
(A) Component parts incorporated into the project; and
NOTE: This section becomes effective7/1/2011.
(B) Equipment and machinery, whether or not incorporated intothe project.
NOTE: This section becomes effective7/1/2011.
(ix) "Materialman" means a person other than acontractor who furnishes material to, but does not perform work for, an owner,a contractor or subcontractor under contract;
NOTE: This section becomes effective7/1/2011.
(x) "Property" means real property, personalproperty, or both;
NOTE: This section becomes effective7/1/2011.
(xi) "Real property" means all interests in realproperty, including but not limited to, the fee estate, leasehold interests,easements and rights of way;
NOTE: This section becomes effective7/1/2011.
(xii) "Send" or "sent" means, in connectionwith any writing or written notice, to deposit in the mail or deliver fortransmission by any other usual means of communication with postage or cost oftransmission provided for and properly addressed and, in the case of aninstrument to an address specified thereon or otherwise agreed, or if noaddress is specified, to any address reasonable under the circumstances. Theforegoing method of delivery includes delivery by any commercial carrier thatrequests and maintains a receipt for delivery of written documents and alsoincludes an electronic record as set forth in the Uniform ElectronicTransactions Act if the sender and recipient have previously communicated by electronicmeans. In the event any writing is transmitted by mail with the United Statespostal service, such writing shall be mailed by certified mail, return receiptrequested, or by mail delivery requiring a receipt for delivery. The time awriting is deemed to have been sent is the time at which the writing isdeposited in the mail or delivered for transmission by any other means and, inthe case of an electronic record, the time of sending is as specified in W.S.40-21-115;
NOTE: This section becomes effective7/1/2011.
(xiii) "Written" or "writing" means printing,typewriting or any other intentional reduction to tangible form, including anelectronic record created, generated, sent, communicated, received or restoredby electronic means;
NOTE: This section becomes effective7/1/2011.
(xiv) "This act" means W.S. 29-1-103 through 29-10-106.
NOTE: This section becomes effective7/1/2011.
(b) Only the following agency relationships are presumed inthis title:
NOTE: Effective7/1/2011, this section will read as follows:
(b) Only the following agency relationships are presumed inthis act:
(i) If any spouse enters into a contract for the performance ofany work or the furnishing of any materials for the benefit of the property ofthe other spouse for which a lien is provided by this title, the spousecontracting for the work shall be presumed to be the agent of the spouse owningthe property;
NOTE: Effective7/1/2011, this section will read as follows:
(i) If any spouse enters into a contract for the performance ofany work or the furnishing of any materials for the benefit of the property ofthe other spouse for which a lien is provided by this act, the spousecontracting for the work shall be presumed to be the agent of the spouse owningthe 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. [NOTE:Effective 7/1/2011, this section is Repealed by Laws 2010, Ch. 92, 3.]
(a) In order to have a perfected lien pursuant to this title, alien claimant shall file with the county clerk a lien statement sworn to beforea notarial officer. The county clerk shall file the statement and index bydate, name of claimant and property owner, and legal description.
(b) The lien statement and the abstracts shall contain asappropriate 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 propertythe lien is filed;
(iv) An itemized list setting forth and describing materialsdelivered 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 werelast rendered or the date when the project was substantially completed;
(vii) The legal description of the premises where the materialswere 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 caseof a real estate lien by certified mail and made by the lien claimant promptlyafter the lien statement is filed.
(d) As a fee for filing a lien statement, the county clerkshall 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 foreclosethe lien.
29-1-302. Notice of satisfaction to be filed. [NOTE: Effective7/1/2011, this section is Repealed by Laws 2010, Ch. 92, 3.]
Wheneverany debt which is a lien pursuant to this title is paid and satisfied, the lienclaimant shall file notice of satisfaction of the lien statement in the officeof the county clerk of any county in which the lien is filed.
29-1-303. Liability for failure to enter satisfaction. [NOTE:Effective 7/1/2011, this section is Repealed by Laws 2010, Ch. 92, 3.]
Inaddition to any actual damages, any creditor refusing or neglecting to entersatisfaction within thirty (30) days after payment as provided by W.S. 29-1-302and after having received by certified or registered mail a request in writingfor the entering of satisfaction is liable for damages of not less thanone-tenth of one percent (.10%) of the original principal amount of the debtper day until such time as the lien claimant enters satisfaction. Theadditional damages authorized by this section shall not exceed one hundreddollars ($100.00) per day.
29-1-304. Rules of Civil Procedure applicable in foreclosure action.[NOTE: Effective 7/1/2011, this section is Repealed by Laws 2010, Ch. 92, 3.]
Inany action to foreclose a lien the Wyoming Rules of Civil Procedure shallgovern.
29-1-305. Priority of liens. [NOTE: Effective 7/1/2011, this sectionis Repealed by Laws 2010, Ch. 92, 3.]
(a) Except as provided in this section the liens provided bythis title shall be on an equal footing without reference to the date of thefiling of the lien statement.
(b) Any lien perfected as provided by this title attaches tothe materials, machinery or supplies furnished and improvements made inpreference to any subsequent lien, security interest or mortgage under anyother 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 beenperfected upon real or personal property or upon a leasehold interest prior tothe commencement of any construction work or repair of the premises or propertyexcept as provided by chapter 7 of this title or W.S. 29-8-102 relating toliens for the production of farm products under contracts executed, enteredinto, renewed or substantively amended on or after July 1, 2001, shall havepriority.
(d) Where a sale is ordered by the court on foreclosure of anylien provided by this title and the proceeds from the sale are insufficient todischarge in full all of the liens, the proceeds shall be prorated among theseveral lien claimants according to the amounts of their respective claims.
(e) The priority of a perfected lien for a cooperative utilityprovided in W.S. 29-2-101(d) shall be determined by the date and time the lienstatement is filed and shall not have priority over other perfected liens ormortgages on the same property which have been perfected prior to the filingdate.
29-1-306. Work or materials furnished considered done under samecontract; exceptions. [NOTE: Effective 7/1/2011, this section is Repealed byLaws 2010, Ch. 92, 3.]
(a) All work performed or materials furnished by a personentitled to a lien as provided by this title shall be considered as having beendone under the same contract unless:
(i) For a contractor, more than one hundred eighty (180) dayselapse from the date of the performance of any work or the furnishing of anymaterials and the date when work or materials are next performed or furnished;or
(ii) For any person not a contractor claiming relief under thistitle more than ninety (90) days elapse as provided in paragraph (a)(i) of thissubsection.
29-1-307. Notice of foreclosure to prior perfected lienholders; effectof failure to notify. [NOTE: Effective 7/1/2011, this section is Repealed byLaws 2010, Ch. 92, 3.]
Theholder of any prior perfected lien upon the land or the leasehold interest isentitled to notice in suits to foreclose the lien. A foreclosure proceedingshall not be rendered invalid by failure to give the notice required by thissection.
29-1-308. Remedies not exclusive. [NOTE: Effective 7/1/2011, thissection is Repealed by Laws 2010, Ch. 92, 3.]
Theremedies provided by this title are not exclusive.
29-1-309. Filing and recording fees. [NOTE: Effective 7/1/2011, thissection is Repealed by Laws 2010, Ch. 92, 3.]
Thecounty clerk shall be paid the same fees as provided by W.S. 18-3-402 forfiling and recording all papers under this title.
29-1-310. Bond to satisfy lien; terms of bond; filing and effectthereof; action upon bond. [NOTE: Effective 7/1/2011, this section is Repealedby Laws 2010, Ch. 92, 3.]
(a) Any lien created pursuant to Title 29 filed against anyproperty, personalty or realty is satisfied if the owner of the property, acontractor or subcontractor has filed a corporate surety bond, letter ofcredit, cash or cash equivalent of established value approved by the districtcourt in the county where the lien was filed in an amount equal to one andone-half (1 1/2) times the amount of the lien.
(b) The bond shall guarantee that if the lien claimant isfinally adjudged to be entitled to recover upon the lien, the principal or hissureties, 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 inan action to foreclose the lien.
(d) The bond shall be filed with the clerk of the districtcourt in the county where the lien was filed.
(e) Upon the filing of the bond, the lien against the propertyshall be forthwith discharged and released in full, and the security describedin subsection (a) of this section shall be substituted. The clerk of courtshall issue a notice of satisfaction of lien which the owner, contractor orsubcontractor may file in the office of the county clerk where the lien wasfiled which shall show that the lien has been satisfied.
(f) A lien claimant whose lien has been satisfied by thesubstitution of the security described in subsection (a) of this section maybring an action upon the bond or undertaking. The action shall be commencedwithin the time allowed for the commencement of an action to foreclose thelien.
29-1-311. False or frivolous liens; damages; penalties. [NOTE:Effective 7/1/2011, this section is Repealed by Laws 2010, Ch. 92, 3.]
(a) Any claim of lien against a federal, state or localofficial or employee based on the performance or nonperformance of thatofficial's or employee's duties shall be invalid unless accompanied by aspecific order from a court of competent jurisdiction authorizing the filing ofthe lien or unless a specific statute authorizes the filing of the lien.
(b) Any person whose real or personal property is subject to arecorded claim of lien who believes the claim of lien is invalid undersubsection (a) of this section, was forged, or that the person claiming thelien knew at the time of filing the lien was groundless, contained a materialmisstatement or false claim, may petition the district court of the county inwhich the claim of lien has been recorded for the relief provided in thissubsection. The petition shall state the grounds upon which relief isrequested, and shall be supported by the affidavit of the petitioner or hisattorney setting forth a concise statement of the facts upon which the motionis based. The clerk of court shall assign a cause number to the petition andobtain from the petitioner a filing fee of thirty-five dollars ($35.00). Uponthe filing of the petition the following shall apply:
(i) The court may enter its order, which may be granted exparte, directing the person claiming the lien to appear before the court at atime no earlier than six (6) nor later than fifteen (15) days following thedate of service of the petition and order on the person claiming the lien, andshow cause, if any, why the relief provided in this subsection should not begranted;
(ii) The order shall clearly state that if the person claimingthe lien fails to appear at the time and place noted, the claim of lien shallbe stricken and released, and that the person claiming the lien shall beordered to pay damages of at least one thousand dollars ($1,000.00) or actualdamages, whichever is greater, and the costs incurred by the petitioner,including reasonable attorneys' fees;
(iii) The order and petition shall be served upon the personclaiming the lien by personal service, or, where the court determines thatservice by mail is likely to give actual notice, the court may order thatservice be made by mailing copies of the petition and order to the personclaiming the lien at his last known address or any other address determined bythe 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 asigned receipt showing when and to whom it was delivered. The envelopes shallbear the return address of the sender;
(iv) If, following a hearing on the matter the court determinesthat the claim of lien is invalid under subsection (a) of this section, wasforged or that the person claiming the lien knew at the time of filing the lienwas groundless or contained a material misstatement or false claim, the courtshall issue an order striking and releasing the claim of lien and awardingdamages of one thousand dollars ($1,000.00) or actual damages, whichever isgreater, costs and reasonable attorneys' fees to the petitioner to be paid bythe 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 reasonableattorneys' 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 orgroundless lien in violation of this section with the intent to threaten,harass or intimidate a public official or employee in the performance ornonperformance of his official duties is guilty of a misdemeanor punishable bya fine of not more than seven hundred fifty dollars ($750.00), imprisonment fornot more than six (6) months, or both.
29-1-312. Lien statement to be filed; contents; notice; fee. [Thissection is effective July 1, 2011.]
(a) In order to have a perfected lien pursuant to this act, alien claimant shall file with the county clerk a lien statement verifying theaccuracy of the lien and the allegations set forth in the lien statement, swornto and acknowledged by the lien claimant or his authorized representativebefore a notarial officer. The county clerk shall record and index the lienstatement by date, names of claimant and property owner, and legal descriptionof the property.
(b) The lien statement shall contain as appropriate thefollowing information:
(i) The name and address of the lien claimant;
(ii) The amount claimed to be due and owing;
(iii) The name and address of the record owner against whoseproperty the lien is filed;
(iv) An itemized list setting forth and describing materialsdelivered or work performed;
(v) The name of the person whom the lien claimant alleges iscontractually responsible to pay the debt secured by the lien;
(vi) The date when labor was last performed or services werelast rendered or the date of substantial completion of the project;
(vii) The legal description of the property where the materialswere furnished or upon which the work was performed; and
(viii) A copy of the contract, if available, or a summary of thelien claimant's contract together with a statement of the location where a copyof the contract, if written, can be obtained.
(c) Notice shall be sent by the lien claimant to the lastrecord owner or his agent in the case of a real property lien within five (5)days after the lien statement is filed. The notice shall be in substantiallythe same format and contain the same information as the form of noticespecified in W.S. 29-10-103. The notice forms shall be made available and maybe obtained at the county clerk's office of each county.
(d) As a fee for recording a lien statement, the county clerkshall collect from the lien claimant the same fee as provided by W.S.18-3-402(a)(xvi)(P). An irregularity in the lien statement may provide a validdefense for a party defending against the lien. The county clerk shallnevertheless file a lien statement at the date and time received by the countyclerk, regardless of any irregularity, illegible language or other reason.
(e) The recording fee under this section may be assessed ascosts in any action to foreclose the lien.
(f) The lien statement shall be in substantially the sameformat and contain the same information as the form specified in W.S.29-10-104. The lien statement forms shall be made available and may beobtained at the county clerk's office of each county.
29-1-313. Notice of satisfaction to be filed. [This section iseffective July 1, 2011.]
(a) Whenever any debt which is secured by a lien pursuant tothis act is paid and satisfied, the lien claimant shall file notice of satisfactionof the lien in the office of the county clerk of any county in which the lienis filed and the lien claimant shall send the record owner a copy of the noticeof satisfaction within five (5) days. The county clerk shall record and indexthe notice of satisfaction of the lien. The notice of satisfaction shall beacknowledged, but may be signed by the lien claimant or the attorney for thelien claimant.
(b) The notice of satisfaction shall be in substantially thesame format and contain the same information as the notice of satisfaction formin W.S. 29-10-106. The notice of satisfaction forms shall be made availableand may be obtained at the county clerk's office of each county.
29-1-314. Liability for failure to file a notice of satisfaction. [Thissection is effective July 1, 2011.]
In addition toany actual damages, any lien claimant refusing or neglecting to file the noticeof satisfaction as provided in W.S. 29-1-313 within thirty (30) days afterpayment, and after having received by certified or registered mail a request inwriting to file the notice of satisfaction, is liable for damages of not lessthan one-tenth of one percent (.10%) of the original principal amount of thedebt per day from the date the lien claimant receives the written request tofile a notice of satisfaction, until the lien claimant files a notice ofsatisfaction. The damages authorized by this section shall not exceed onehundred dollars ($100.00) per day.
ARTICLE 4 - ACTIONS TO FORECLOSE LIENS
29-1-401. Jurisdiction of circuit and district court; Rules of CivilProcedure applicable in foreclosure action; attorney fees. [This section iseffective July 1, 2011.]
(a) All actions to foreclose a lien perfected under this actare quasi in rem proceedings and shall be commenced by filing a complaint ineither the district court or, when required under W.S. 5-9-128(a)(vi), in thecircuit court, in any county in which the property subject to the lien islocated.
(b) In any action to foreclose a lien the Wyoming Rules of CivilProcedure shall govern.
(c) In the event an action is filed to foreclose a lienpursuant to this act, the prevailing party shall be entitled to recover fromthe nonprevailing party all costs and expenses reasonably associated with theaction, including but not limited to reasonable attorney fees.
(d) Nothing in this section shall be construed to require alien claimant to enforce his lien under this article if another method ofenforcement is available under this act.
29-1-402. Priority of liens. [This section is effective July 1, 2011.]
(a) Except as provided in this section, the liens provided bythis act shall be on an equal footing without reference to the date of thefiling of the lien statement.
(b) Any lien perfected in compliance with this act attaches tothe real property, fixtures, materials, machinery or supplies furnished andimprovements made in preference to any subsequent lien, security interest ormortgage under any other provision of law which has been perfected upon real orpersonal property, including a leasehold interest, against which the lien isclaimed.
(c) Any lien, security interest or mortgage which has beenperfected upon real or personal property or upon a leasehold interest prior tothe commencement of any construction work or repair of the premises orproperty, except as provided by chapter 7 of this act, or W.S. 29-8-102relating to liens for the production of farm products under contracts executed,entered into, renewed or substantively amended on or after July 1, 2001, shallhave priority.
(d) Where a sale is ordered by the court on foreclosure of anylien provided by this act and the proceeds from the sale are insufficient todischarge in full all of the liens, the proceeds shall be prorated among theseveral lien claimants according to the amounts of their respective claims.
29-1-403. Work or materials furnished considered done under samecontract; exceptions. [This section is effective July 1, 2011.]
All work performed or materials furnished by a lien claimantshall be considered as having been done under the same contract unless morethan one hundred eighty (180) days elapse from the date of the performance ofany work or the furnishing of any materials and the date when work or materialsare next performed or furnished by the lien claimant.
29-1-404. Notice of foreclosure to prior perfected lienholders; effectof failure to notify. [This section is effective July 1, 2011.]
The holder of any prior perfected lien upon the realproperty is entitled to notice in suits to foreclose the lien. A foreclosureproceeding shall not be rendered invalid by failure to give the notice requiredby this section.
29-1-405. Remedies not exclusive. [This section is effective July 1,2011.]
The remedies provided by this act are not exclusive.
29-1-406. Filing and recording fees. [This section is effective July1, 2011.]
The county clerk shall be paid the samefees as provided by W.S. 18-3-402 for recording all papers under this act.
29-1-407. Consent to jurisdiction and venue. [This section iseffective July 1, 2011.]
By contracting to perform work or furnish materials on aproject located in Wyoming, each contractor, subcontractor and materialman whoasserts a lien submits to the laws of Wyoming and the jurisdiction of thedistrict and circuit courts in the county in which the project is situated withrespect to all lien claims, regardless of whether the lien claimant is aresident of Wyoming and regardless of whether the contract contains a contrarychoice of law or venue provision. Venue for any mediation or arbitration oflien claims shall be proper only in the county in which the project is located,unless the parties agree otherwise.
ARTICLE 5 - SUBSTITUTE SECURITY FOR LIENS
29-1-501. Substitute security to satisfy lien; filing and effectthereof; action upon security. [This section is effective July 1, 2011.]
(a) Any lien created pursuant to this act filed against anyreal or personal property is satisfied if the owner of the property, contractoror subcontractor has deposited with the court having jurisdiction over the lienclaim a corporate surety bond, letter of credit, cash or cash equivalent ofestablished value approved by the court having jurisdiction over the lien claimin the county where the lien was filed in an amount equal to one and one-half(1 ) times the amount of the lien.
(b) The security shall guarantee that if the lien claimant isfinally adjudged to be entitled to recover upon the lien, the principal or hissureties, jointly and severally, in the case of a bond, or the issuer of aletter of credit shall pay the lien claimant the amount of the judgment for atleast the amount for which the lien was filed plus costs and attorneys' fees.
(c) The security may be deposited any time prior to entry of afinal judgment in an action to foreclose the lien.
(d) The security shall be deposited with the clerk of the courthaving jurisdiction over the lien claim in the county where the lien was filed.
(e) Upon depositing the security and entry of an order of thecourt accepting the security, the lien against the property shall be forthwithdischarged and released in full, and the security deposited pursuant to thissection shall be substituted. The clerk of court shall issue a notice of satisfactionof lien which the owner or lien claimant may file in the office of the countyclerk where the lien was filed which shall show that the lien has beensatisfied.
(f) A lien claimant whose lien has been satisfied by thesubstitution of the security pursuant to subsection (e) of this section maybring an action upon the security. The action shall be commenced in the courtin which the security was deposited under subsection (d) of this section.
ARTICLE 6 - FALSE OR FRIVOLOUS LIENS
29-1-601. False or frivolous liens; damages; penalties. [This sectionis effective July 1, 2011.]
(a) Any claim of lien against a federal, state or localofficial or employee based on the performance or nonperformance of thatofficial's or employee's duties shall be invalid unless accompanied by aspecific order from a court of competent jurisdiction authorizing the filing ofthe lien or unless a specific statute authorizes the filing of the lien.
(b) Any person whose real or personal property is subject to arecorded claim of lien who believes the claim of lien is invalid undersubsection (a) of this section, was forged, or that the lien claimant knew atthe time of filing that the lien was groundless, contained a materialmisstatement or false claim, may petition the court having jurisdiction overthe lien of the county in which the claim of lien has been recorded for therelief provided in this subsection. The petition shall state the grounds uponwhich relief is requested, and shall be supported by the affidavit of thepetitioner or his attorney setting forth a concise statement of the facts uponwhich the motion is based. The clerk of court shall assign a case number to thepetition 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 exparte, directing the lien claimant to appear before the court at a time noearlier than six (6) nor later than fifteen (15) days following the date ofservice of the petition, and order the lien claimant to show cause, if any, whythe relief provided in this subsection should not be granted;
(ii) The order shall clearly state that if the lien claimantfails to appear at the time and place noted, the claim of lien shall bestricken and released, and that the lien claimant shall be ordered to paydamages of at least one thousand dollars ($1,000.00) or actual damages,whichever is greater, and the costs incurred by the petitioner, including reasonableattorneys' fees;
(iii) The order and petition shall be served upon the lienclaimant by personal service, or, where the court determines that service bymail or other comparable method of delivery is likely to give actual notice,the court may order that service be made by mailing or delivering copies of thepetition and order to the lien claimant at his last known address or any otheraddress determined by the court to be appropriate. Two (2) copies shall besent, one (1) by ordinary first class mail and the other by a form of mail orother delivery method requiring a signed receipt showing when and to whom itwas delivered. The envelopes shall bear the return address of the sender;
(iv) If, following a hearing on the matter the court determines thatthe claim of lien is invalid under subsection (a) of this section, was forgedor that the lien claimant knew at the time of filing that the lien wasgroundless or contained a material misstatement or false claim, the court shallissue an order striking and releasing the claim of lien and awarding damages ofone thousand dollars ($1,000.00) or actual damages, whichever is greater, costsand reasonable attorneys' fees to the petitioner to be paid by the lienclaimant;
(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 reasonableattorneys' fees to the lien claimant to be paid by the petitioner.
(c) Any person who offers to have recorded or filed a forged orgroundless lien in violation of this section with the intent to threaten,harass or intimidate a public official or employee in the performance ornonperformance of his official duties is guilty of a misdemeanor punishable bya fine of not more than seven hundred fifty dollars ($750.00), imprisonment fornot more than six (6) months, or both.
29-1-101. Lien of state on realty of debtor. [NOTE: Effective7/1/2011, this section is Repealed by Laws 2010, Ch. 92, 3.]
Theamount of every account audited, adjusted and found due to the state includingpenalties and interest is a lien upon the real property of the person chargedwith the debt. The lien shall be in effect from the time suit commences for therecovery of the debt.
29-1-102. Lien of attorneys on papers and monies of clients. [NOTE:Effective 7/1/2011, this section is Repealed by Laws 2010, Ch. 92, 3.]
(a) For professional services performed on behalf of a client,an attorney shall have a lien for compensation due him from the time of givingnotice of the lien. The attorney's lien attaches upon:
(i) Any papers or money of his client which have come into hispossession;
(ii) Money due his client and in the possession of an adverseparty.
(b) Notice as required by subsection (a) of this section to begiven to any person against whom the lien is asserted shall be given bycertified mail, return receipt requested.
29-1-103. Short title. [This section is effective July 1, 2011.]
W.S. 29-1-103 through 29-10-106 shall be known and may becited as the "Revised Wyoming Statutory Lien Act".
29-1-104. Other lien statutes and legal processes not affected by thisact. [This section is effective July 1, 2011.]
(a) Unless other statutes relating to liens specificallyprovide that the procedures specified in chapter 1, 2, 9 or 10 of this actapply, this act is supplemental to and does not supersede any other lienstatutes contained in chapters 3 through 8 of this act nor other lien statutesnor other statutes relating in any way to liens currently existing related toother types of property or other subject matters.
(b) Nothing in this act shall affect or abridge:
(i) A right of setoff;
(ii) The right to file legal action based on equitableprinciples, including unjust enrichment, quantum meruit and other equitabledoctrines; or
(iii) The right to enforce a lien otherwise created by contract.
(a) Except as otherwise provided, as used in this title:
NOTE: Effective7/1/2011, this section will read as follows:
(a) Except as otherwise provided, as used in this act:
(i) "Contractor" means:
(A) A person employed by and contracting with an owner toimprove 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 propertyfor its permanent benefit;
(B) Any work performed or material furnished for the permanentchange of any real property; and
(C) Materials manufactured pursuant to contract.
(iv) "Lien claimant" means any person who claims alien under this title pursuant to a contract for improvement of propertyentered into by an owner of the property;
NOTE: Effective7/1/2011, this section will read as follows:
(iv) "Lien claimant" means any person who claims alien under this act pursuant to a contract for improvement of property enteredinto by an owner of the property;
(v) "Owner" as used in this act means:
NOTE: Effective7/1/2011, this section will read as follows:
(v) "Owner" means:
(A) With respect to construction liens: any person with a legalor equitable interest in the property to be changed, altered or improved, forwhose use or benefit any improvement shall be made or any materials furnished;
(B) With respect to mines, quarries, oil, gas or other wells: aperson holding any interest in the legal or equitable title, or both, to anyleasehold for oil or gas purposes and purchasers under executory contract,receivers and trustees;
(C) With respect to ditches, canals and reservoirs: a personholding any interest in the legal or equitable title to any ditch, canal orreservoir including rights-of-way, water permits, ditch rights and relatedeasements of any type or kind. "Owner" includes purchasers under executorycontract, receivers and trustees.
(vi) "Subcontractor" or "materialman" meansa person other than a contractor performing work or furnishing materials to anowner or a contractor under contract;
NOTE: Effective7/1/2011, this section will read as follows:
(vi) "Subcontractor" means a person, other than acontractor performing work for a contractor or subcontractor under contract;
(vii) "Work" shall be as requested, authorized orratified under contract.
(viii) "Material" means:
NOTE: This section becomes effective7/1/2011.
(A) Component parts incorporated into the project; and
NOTE: This section becomes effective7/1/2011.
(B) Equipment and machinery, whether or not incorporated intothe project.
NOTE: This section becomes effective7/1/2011.
(ix) "Materialman" means a person other than acontractor who furnishes material to, but does not perform work for, an owner,a contractor or subcontractor under contract;
NOTE: This section becomes effective7/1/2011.
(x) "Property" means real property, personalproperty, or both;
NOTE: This section becomes effective7/1/2011.
(xi) "Real property" means all interests in realproperty, including but not limited to, the fee estate, leasehold interests,easements and rights of way;
NOTE: This section becomes effective7/1/2011.
(xii) "Send" or "sent" means, in connectionwith any writing or written notice, to deposit in the mail or deliver fortransmission by any other usual means of communication with postage or cost oftransmission provided for and properly addressed and, in the case of aninstrument to an address specified thereon or otherwise agreed, or if noaddress is specified, to any address reasonable under the circumstances. Theforegoing method of delivery includes delivery by any commercial carrier thatrequests and maintains a receipt for delivery of written documents and alsoincludes an electronic record as set forth in the Uniform ElectronicTransactions Act if the sender and recipient have previously communicated by electronicmeans. In the event any writing is transmitted by mail with the United Statespostal service, such writing shall be mailed by certified mail, return receiptrequested, or by mail delivery requiring a receipt for delivery. The time awriting is deemed to have been sent is the time at which the writing isdeposited in the mail or delivered for transmission by any other means and, inthe case of an electronic record, the time of sending is as specified in W.S.40-21-115;
NOTE: This section becomes effective7/1/2011.
(xiii) "Written" or "writing" means printing,typewriting or any other intentional reduction to tangible form, including anelectronic record created, generated, sent, communicated, received or restoredby electronic means;
NOTE: This section becomes effective7/1/2011.
(xiv) "This act" means W.S. 29-1-103 through 29-10-106.
NOTE: This section becomes effective7/1/2011.
(b) Only the following agency relationships are presumed inthis title:
NOTE: Effective7/1/2011, this section will read as follows:
(b) Only the following agency relationships are presumed inthis act:
(i) If any spouse enters into a contract for the performance ofany work or the furnishing of any materials for the benefit of the property ofthe other spouse for which a lien is provided by this title, the spousecontracting for the work shall be presumed to be the agent of the spouse owningthe property;
NOTE: Effective7/1/2011, this section will read as follows:
(i) If any spouse enters into a contract for the performance ofany work or the furnishing of any materials for the benefit of the property ofthe other spouse for which a lien is provided by this act, the spousecontracting for the work shall be presumed to be the agent of the spouse owningthe 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. [NOTE:Effective 7/1/2011, this section is Repealed by Laws 2010, Ch. 92, 3.]
(a) In order to have a perfected lien pursuant to this title, alien claimant shall file with the county clerk a lien statement sworn to beforea notarial officer. The county clerk shall file the statement and index bydate, name of claimant and property owner, and legal description.
(b) The lien statement and the abstracts shall contain asappropriate 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 propertythe lien is filed;
(iv) An itemized list setting forth and describing materialsdelivered 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 werelast rendered or the date when the project was substantially completed;
(vii) The legal description of the premises where the materialswere 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 caseof a real estate lien by certified mail and made by the lien claimant promptlyafter the lien statement is filed.
(d) As a fee for filing a lien statement, the county clerkshall 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 foreclosethe lien.
29-1-302. Notice of satisfaction to be filed. [NOTE: Effective7/1/2011, this section is Repealed by Laws 2010, Ch. 92, 3.]
Wheneverany debt which is a lien pursuant to this title is paid and satisfied, the lienclaimant shall file notice of satisfaction of the lien statement in the officeof the county clerk of any county in which the lien is filed.
29-1-303. Liability for failure to enter satisfaction. [NOTE:Effective 7/1/2011, this section is Repealed by Laws 2010, Ch. 92, 3.]
Inaddition to any actual damages, any creditor refusing or neglecting to entersatisfaction within thirty (30) days after payment as provided by W.S. 29-1-302and after having received by certified or registered mail a request in writingfor the entering of satisfaction is liable for damages of not less thanone-tenth of one percent (.10%) of the original principal amount of the debtper day until such time as the lien claimant enters satisfaction. Theadditional damages authorized by this section shall not exceed one hundreddollars ($100.00) per day.
29-1-304. Rules of Civil Procedure applicable in foreclosure action.[NOTE: Effective 7/1/2011, this section is Repealed by Laws 2010, Ch. 92, 3.]
Inany action to foreclose a lien the Wyoming Rules of Civil Procedure shallgovern.
29-1-305. Priority of liens. [NOTE: Effective 7/1/2011, this sectionis Repealed by Laws 2010, Ch. 92, 3.]
(a) Except as provided in this section the liens provided bythis title shall be on an equal footing without reference to the date of thefiling of the lien statement.
(b) Any lien perfected as provided by this title attaches tothe materials, machinery or supplies furnished and improvements made inpreference to any subsequent lien, security interest or mortgage under anyother 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 beenperfected upon real or personal property or upon a leasehold interest prior tothe commencement of any construction work or repair of the premises or propertyexcept as provided by chapter 7 of this title or W.S. 29-8-102 relating toliens for the production of farm products under contracts executed, enteredinto, renewed or substantively amended on or after July 1, 2001, shall havepriority.
(d) Where a sale is ordered by the court on foreclosure of anylien provided by this title and the proceeds from the sale are insufficient todischarge in full all of the liens, the proceeds shall be prorated among theseveral lien claimants according to the amounts of their respective claims.
(e) The priority of a perfected lien for a cooperative utilityprovided in W.S. 29-2-101(d) shall be determined by the date and time the lienstatement is filed and shall not have priority over other perfected liens ormortgages on the same property which have been perfected prior to the filingdate.
29-1-306. Work or materials furnished considered done under samecontract; exceptions. [NOTE: Effective 7/1/2011, this section is Repealed byLaws 2010, Ch. 92, 3.]
(a) All work performed or materials furnished by a personentitled to a lien as provided by this title shall be considered as having beendone under the same contract unless:
(i) For a contractor, more than one hundred eighty (180) dayselapse from the date of the performance of any work or the furnishing of anymaterials and the date when work or materials are next performed or furnished;or
(ii) For any person not a contractor claiming relief under thistitle more than ninety (90) days elapse as provided in paragraph (a)(i) of thissubsection.
29-1-307. Notice of foreclosure to prior perfected lienholders; effectof failure to notify. [NOTE: Effective 7/1/2011, this section is Repealed byLaws 2010, Ch. 92, 3.]
Theholder of any prior perfected lien upon the land or the leasehold interest isentitled to notice in suits to foreclose the lien. A foreclosure proceedingshall not be rendered invalid by failure to give the notice required by thissection.
29-1-308. Remedies not exclusive. [NOTE: Effective 7/1/2011, thissection is Repealed by Laws 2010, Ch. 92, 3.]
Theremedies provided by this title are not exclusive.
29-1-309. Filing and recording fees. [NOTE: Effective 7/1/2011, thissection is Repealed by Laws 2010, Ch. 92, 3.]
Thecounty clerk shall be paid the same fees as provided by W.S. 18-3-402 forfiling and recording all papers under this title.
29-1-310. Bond to satisfy lien; terms of bond; filing and effectthereof; action upon bond. [NOTE: Effective 7/1/2011, this section is Repealedby Laws 2010, Ch. 92, 3.]
(a) Any lien created pursuant to Title 29 filed against anyproperty, personalty or realty is satisfied if the owner of the property, acontractor or subcontractor has filed a corporate surety bond, letter ofcredit, cash or cash equivalent of established value approved by the districtcourt in the county where the lien was filed in an amount equal to one andone-half (1 1/2) times the amount of the lien.
(b) The bond shall guarantee that if the lien claimant isfinally adjudged to be entitled to recover upon the lien, the principal or hissureties, 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 inan action to foreclose the lien.
(d) The bond shall be filed with the clerk of the districtcourt in the county where the lien was filed.
(e) Upon the filing of the bond, the lien against the propertyshall be forthwith discharged and released in full, and the security describedin subsection (a) of this section shall be substituted. The clerk of courtshall issue a notice of satisfaction of lien which the owner, contractor orsubcontractor may file in the office of the county clerk where the lien wasfiled which shall show that the lien has been satisfied.
(f) A lien claimant whose lien has been satisfied by thesubstitution of the security described in subsection (a) of this section maybring an action upon the bond or undertaking. The action shall be commencedwithin the time allowed for the commencement of an action to foreclose thelien.
29-1-311. False or frivolous liens; damages; penalties. [NOTE:Effective 7/1/2011, this section is Repealed by Laws 2010, Ch. 92, 3.]
(a) Any claim of lien against a federal, state or localofficial or employee based on the performance or nonperformance of thatofficial's or employee's duties shall be invalid unless accompanied by aspecific order from a court of competent jurisdiction authorizing the filing ofthe lien or unless a specific statute authorizes the filing of the lien.
(b) Any person whose real or personal property is subject to arecorded claim of lien who believes the claim of lien is invalid undersubsection (a) of this section, was forged, or that the person claiming thelien knew at the time of filing the lien was groundless, contained a materialmisstatement or false claim, may petition the district court of the county inwhich the claim of lien has been recorded for the relief provided in thissubsection. The petition shall state the grounds upon which relief isrequested, and shall be supported by the affidavit of the petitioner or hisattorney setting forth a concise statement of the facts upon which the motionis based. The clerk of court shall assign a cause number to the petition andobtain from the petitioner a filing fee of thirty-five dollars ($35.00). Uponthe filing of the petition the following shall apply:
(i) The court may enter its order, which may be granted exparte, directing the person claiming the lien to appear before the court at atime no earlier than six (6) nor later than fifteen (15) days following thedate of service of the petition and order on the person claiming the lien, andshow cause, if any, why the relief provided in this subsection should not begranted;
(ii) The order shall clearly state that if the person claimingthe lien fails to appear at the time and place noted, the claim of lien shallbe stricken and released, and that the person claiming the lien shall beordered to pay damages of at least one thousand dollars ($1,000.00) or actualdamages, whichever is greater, and the costs incurred by the petitioner,including reasonable attorneys' fees;
(iii) The order and petition shall be served upon the personclaiming the lien by personal service, or, where the court determines thatservice by mail is likely to give actual notice, the court may order thatservice be made by mailing copies of the petition and order to the personclaiming the lien at his last known address or any other address determined bythe 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 asigned receipt showing when and to whom it was delivered. The envelopes shallbear the return address of the sender;
(iv) If, following a hearing on the matter the court determinesthat the claim of lien is invalid under subsection (a) of this section, wasforged or that the person claiming the lien knew at the time of filing the lienwas groundless or contained a material misstatement or false claim, the courtshall issue an order striking and releasing the claim of lien and awardingdamages of one thousand dollars ($1,000.00) or actual damages, whichever isgreater, costs and reasonable attorneys' fees to the petitioner to be paid bythe 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 reasonableattorneys' 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 orgroundless lien in violation of this section with the intent to threaten,harass or intimidate a public official or employee in the performance ornonperformance of his official duties is guilty of a misdemeanor punishable bya fine of not more than seven hundred fifty dollars ($750.00), imprisonment fornot more than six (6) months, or both.
29-1-312. Lien statement to be filed; contents; notice; fee. [Thissection is effective July 1, 2011.]
(a) In order to have a perfected lien pursuant to this act, alien claimant shall file with the county clerk a lien statement verifying theaccuracy of the lien and the allegations set forth in the lien statement, swornto and acknowledged by the lien claimant or his authorized representativebefore a notarial officer. The county clerk shall record and index the lienstatement by date, names of claimant and property owner, and legal descriptionof the property.
(b) The lien statement shall contain as appropriate thefollowing information:
(i) The name and address of the lien claimant;
(ii) The amount claimed to be due and owing;
(iii) The name and address of the record owner against whoseproperty the lien is filed;
(iv) An itemized list setting forth and describing materialsdelivered or work performed;
(v) The name of the person whom the lien claimant alleges iscontractually responsible to pay the debt secured by the lien;
(vi) The date when labor was last performed or services werelast rendered or the date of substantial completion of the project;
(vii) The legal description of the property where the materialswere furnished or upon which the work was performed; and
(viii) A copy of the contract, if available, or a summary of thelien claimant's contract together with a statement of the location where a copyof the contract, if written, can be obtained.
(c) Notice shall be sent by the lien claimant to the lastrecord owner or his agent in the case of a real property lien within five (5)days after the lien statement is filed. The notice shall be in substantiallythe same format and contain the same information as the form of noticespecified in W.S. 29-10-103. The notice forms shall be made available and maybe obtained at the county clerk's office of each county.
(d) As a fee for recording a lien statement, the county clerkshall collect from the lien claimant the same fee as provided by W.S.18-3-402(a)(xvi)(P). An irregularity in the lien statement may provide a validdefense for a party defending against the lien. The county clerk shallnevertheless file a lien statement at the date and time received by the countyclerk, regardless of any irregularity, illegible language or other reason.
(e) The recording fee under this section may be assessed ascosts in any action to foreclose the lien.
(f) The lien statement shall be in substantially the sameformat and contain the same information as the form specified in W.S.29-10-104. The lien statement forms shall be made available and may beobtained at the county clerk's office of each county.
29-1-313. Notice of satisfaction to be filed. [This section iseffective July 1, 2011.]
(a) Whenever any debt which is secured by a lien pursuant tothis act is paid and satisfied, the lien claimant shall file notice of satisfactionof the lien in the office of the county clerk of any county in which the lienis filed and the lien claimant shall send the record owner a copy of the noticeof satisfaction within five (5) days. The county clerk shall record and indexthe notice of satisfaction of the lien. The notice of satisfaction shall beacknowledged, but may be signed by the lien claimant or the attorney for thelien claimant.
(b) The notice of satisfaction shall be in substantially thesame format and contain the same information as the notice of satisfaction formin W.S. 29-10-106. The notice of satisfaction forms shall be made availableand may be obtained at the county clerk's office of each county.
29-1-314. Liability for failure to file a notice of satisfaction. [Thissection is effective July 1, 2011.]
In addition toany actual damages, any lien claimant refusing or neglecting to file the noticeof satisfaction as provided in W.S. 29-1-313 within thirty (30) days afterpayment, and after having received by certified or registered mail a request inwriting to file the notice of satisfaction, is liable for damages of not lessthan one-tenth of one percent (.10%) of the original principal amount of thedebt per day from the date the lien claimant receives the written request tofile a notice of satisfaction, until the lien claimant files a notice ofsatisfaction. The damages authorized by this section shall not exceed onehundred dollars ($100.00) per day.
ARTICLE 4 - ACTIONS TO FORECLOSE LIENS
29-1-401. Jurisdiction of circuit and district court; Rules of CivilProcedure applicable in foreclosure action; attorney fees. [This section iseffective July 1, 2011.]
(a) All actions to foreclose a lien perfected under this actare quasi in rem proceedings and shall be commenced by filing a complaint ineither the district court or, when required under W.S. 5-9-128(a)(vi), in thecircuit court, in any county in which the property subject to the lien islocated.
(b) In any action to foreclose a lien the Wyoming Rules of CivilProcedure shall govern.
(c) In the event an action is filed to foreclose a lienpursuant to this act, the prevailing party shall be entitled to recover fromthe nonprevailing party all costs and expenses reasonably associated with theaction, including but not limited to reasonable attorney fees.
(d) Nothing in this section shall be construed to require alien claimant to enforce his lien under this article if another method ofenforcement is available under this act.
29-1-402. Priority of liens. [This section is effective July 1, 2011.]
(a) Except as provided in this section, the liens provided bythis act shall be on an equal footing without reference to the date of thefiling of the lien statement.
(b) Any lien perfected in compliance with this act attaches tothe real property, fixtures, materials, machinery or supplies furnished andimprovements made in preference to any subsequent lien, security interest ormortgage under any other provision of law which has been perfected upon real orpersonal property, including a leasehold interest, against which the lien isclaimed.
(c) Any lien, security interest or mortgage which has beenperfected upon real or personal property or upon a leasehold interest prior tothe commencement of any construction work or repair of the premises orproperty, except as provided by chapter 7 of this act, or W.S. 29-8-102relating to liens for the production of farm products under contracts executed,entered into, renewed or substantively amended on or after July 1, 2001, shallhave priority.
(d) Where a sale is ordered by the court on foreclosure of anylien provided by this act and the proceeds from the sale are insufficient todischarge in full all of the liens, the proceeds shall be prorated among theseveral lien claimants according to the amounts of their respective claims.
29-1-403. Work or materials furnished considered done under samecontract; exceptions. [This section is effective July 1, 2011.]
All work performed or materials furnished by a lien claimantshall be considered as having been done under the same contract unless morethan one hundred eighty (180) days elapse from the date of the performance ofany work or the furnishing of any materials and the date when work or materialsare next performed or furnished by the lien claimant.
29-1-404. Notice of foreclosure to prior perfected lienholders; effectof failure to notify. [This section is effective July 1, 2011.]
The holder of any prior perfected lien upon the realproperty is entitled to notice in suits to foreclose the lien. A foreclosureproceeding shall not be rendered invalid by failure to give the notice requiredby this section.
29-1-405. Remedies not exclusive. [This section is effective July 1,2011.]
The remedies provided by this act are not exclusive.
29-1-406. Filing and recording fees. [This section is effective July1, 2011.]
The county clerk shall be paid the samefees as provided by W.S. 18-3-402 for recording all papers under this act.
29-1-407. Consent to jurisdiction and venue. [This section iseffective July 1, 2011.]
By contracting to perform work or furnish materials on aproject located in Wyoming, each contractor, subcontractor and materialman whoasserts a lien submits to the laws of Wyoming and the jurisdiction of thedistrict and circuit courts in the county in which the project is situated withrespect to all lien claims, regardless of whether the lien claimant is aresident of Wyoming and regardless of whether the contract contains a contrarychoice of law or venue provision. Venue for any mediation or arbitration oflien claims shall be proper only in the county in which the project is located,unless the parties agree otherwise.
ARTICLE 5 - SUBSTITUTE SECURITY FOR LIENS
29-1-501. Substitute security to satisfy lien; filing and effectthereof; action upon security. [This section is effective July 1, 2011.]
(a) Any lien created pursuant to this act filed against anyreal or personal property is satisfied if the owner of the property, contractoror subcontractor has deposited with the court having jurisdiction over the lienclaim a corporate surety bond, letter of credit, cash or cash equivalent ofestablished value approved by the court having jurisdiction over the lien claimin the county where the lien was filed in an amount equal to one and one-half(1 ) times the amount of the lien.
(b) The security shall guarantee that if the lien claimant isfinally adjudged to be entitled to recover upon the lien, the principal or hissureties, jointly and severally, in the case of a bond, or the issuer of aletter of credit shall pay the lien claimant the amount of the judgment for atleast the amount for which the lien was filed plus costs and attorneys' fees.
(c) The security may be deposited any time prior to entry of afinal judgment in an action to foreclose the lien.
(d) The security shall be deposited with the clerk of the courthaving jurisdiction over the lien claim in the county where the lien was filed.
(e) Upon depositing the security and entry of an order of thecourt accepting the security, the lien against the property shall be forthwithdischarged and released in full, and the security deposited pursuant to thissection shall be substituted. The clerk of court shall issue a notice of satisfactionof lien which the owner or lien claimant may file in the office of the countyclerk where the lien was filed which shall show that the lien has beensatisfied.
(f) A lien claimant whose lien has been satisfied by thesubstitution of the security pursuant to subsection (e) of this section maybring an action upon the security. The action shall be commenced in the courtin which the security was deposited under subsection (d) of this section.
ARTICLE 6 - FALSE OR FRIVOLOUS LIENS
29-1-601. False or frivolous liens; damages; penalties. [This sectionis effective July 1, 2011.]
(a) Any claim of lien against a federal, state or localofficial or employee based on the performance or nonperformance of thatofficial's or employee's duties shall be invalid unless accompanied by aspecific order from a court of competent jurisdiction authorizing the filing ofthe lien or unless a specific statute authorizes the filing of the lien.
(b) Any person whose real or personal property is subject to arecorded claim of lien who believes the claim of lien is invalid undersubsection (a) of this section, was forged, or that the lien claimant knew atthe time of filing that the lien was groundless, contained a materialmisstatement or false claim, may petition the court having jurisdiction overthe lien of the county in which the claim of lien has been recorded for therelief provided in this subsection. The petition shall state the grounds uponwhich relief is requested, and shall be supported by the affidavit of thepetitioner or his attorney setting forth a concise statement of the facts uponwhich the motion is based. The clerk of court shall assign a case number to thepetition 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 exparte, directing the lien claimant to appear before the court at a time noearlier than six (6) nor later than fifteen (15) days following the date ofservice of the petition, and order the lien claimant to show cause, if any, whythe relief provided in this subsection should not be granted;
(ii) The order shall clearly state that if the lien claimantfails to appear at the time and place noted, the claim of lien shall bestricken and released, and that the lien claimant shall be ordered to paydamages of at least one thousand dollars ($1,000.00) or actual damages,whichever is greater, and the costs incurred by the petitioner, including reasonableattorneys' fees;
(iii) The order and petition shall be served upon the lienclaimant by personal service, or, where the court determines that service bymail or other comparable method of delivery is likely to give actual notice,the court may order that service be made by mailing or delivering copies of thepetition and order to the lien claimant at his last known address or any otheraddress determined by the court to be appropriate. Two (2) copies shall besent, one (1) by ordinary first class mail and the other by a form of mail orother delivery method requiring a signed receipt showing when and to whom itwas delivered. The envelopes shall bear the return address of the sender;
(iv) If, following a hearing on the matter the court determines thatthe claim of lien is invalid under subsection (a) of this section, was forgedor that the lien claimant knew at the time of filing that the lien wasgroundless or contained a material misstatement or false claim, the court shallissue an order striking and releasing the claim of lien and awarding damages ofone thousand dollars ($1,000.00) or actual damages, whichever is greater, costsand reasonable attorneys' fees to the petitioner to be paid by the lienclaimant;
(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 reasonableattorneys' fees to the lien claimant to be paid by the petitioner.
(c) Any person who offers to have recorded or filed a forged orgroundless lien in violation of this section with the intent to threaten,harass or intimidate a public official or employee in the performance ornonperformance of his official duties is guilty of a misdemeanor punishable bya fine of not more than seven hundred fifty dollars ($750.00), imprisonment fornot more than six (6) months, or both.
29-1-101. Lien of state on realty of debtor. [NOTE: Effective7/1/2011, this section is Repealed by Laws 2010, Ch. 92, 3.]
Theamount of every account audited, adjusted and found due to the state includingpenalties and interest is a lien upon the real property of the person chargedwith the debt. The lien shall be in effect from the time suit commences for therecovery of the debt.
29-1-102. Lien of attorneys on papers and monies of clients. [NOTE:Effective 7/1/2011, this section is Repealed by Laws 2010, Ch. 92, 3.]
(a) For professional services performed on behalf of a client,an attorney shall have a lien for compensation due him from the time of givingnotice of the lien. The attorney's lien attaches upon:
(i) Any papers or money of his client which have come into hispossession;
(ii) Money due his client and in the possession of an adverseparty.
(b) Notice as required by subsection (a) of this section to begiven to any person against whom the lien is asserted shall be given bycertified mail, return receipt requested.
29-1-103. Short title. [This section is effective July 1, 2011.]
W.S. 29-1-103 through 29-10-106 shall be known and may becited as the "Revised Wyoming Statutory Lien Act".
29-1-104. Other lien statutes and legal processes not affected by thisact. [This section is effective July 1, 2011.]
(a) Unless other statutes relating to liens specificallyprovide that the procedures specified in chapter 1, 2, 9 or 10 of this actapply, this act is supplemental to and does not supersede any other lienstatutes contained in chapters 3 through 8 of this act nor other lien statutesnor other statutes relating in any way to liens currently existing related toother types of property or other subject matters.
(b) Nothing in this act shall affect or abridge:
(i) A right of setoff;
(ii) The right to file legal action based on equitableprinciples, including unjust enrichment, quantum meruit and other equitabledoctrines; or
(iii) The right to enforce a lien otherwise created by contract.
(a) Except as otherwise provided, as used in this title:
NOTE: Effective7/1/2011, this section will read as follows:
(a) Except as otherwise provided, as used in this act:
(i) "Contractor" means:
(A) A person employed by and contracting with an owner toimprove 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 propertyfor its permanent benefit;
(B) Any work performed or material furnished for the permanentchange of any real property; and
(C) Materials manufactured pursuant to contract.
(iv) "Lien claimant" means any person who claims alien under this title pursuant to a contract for improvement of propertyentered into by an owner of the property;
NOTE: Effective7/1/2011, this section will read as follows:
(iv) "Lien claimant" means any person who claims alien under this act pursuant to a contract for improvement of property enteredinto by an owner of the property;
(v) "Owner" as used in this act means:
NOTE: Effective7/1/2011, this section will read as follows:
(v) "Owner" means:
(A) With respect to construction liens: any person with a legalor equitable interest in the property to be changed, altered or improved, forwhose use or benefit any improvement shall be made or any materials furnished;
(B) With respect to mines, quarries, oil, gas or other wells: aperson holding any interest in the legal or equitable title, or both, to anyleasehold for oil or gas purposes and purchasers under executory contract,receivers and trustees;
(C) With respect to ditches, canals and reservoirs: a personholding any interest in the legal or equitable title to any ditch, canal orreservoir including rights-of-way, water permits, ditch rights and relatedeasements of any type or kind. "Owner" includes purchasers under executorycontract, receivers and trustees.
(vi) "Subcontractor" or "materialman" meansa person other than a contractor performing work or furnishing materials to anowner or a contractor under contract;
NOTE: Effective7/1/2011, this section will read as follows:
(vi) "Subcontractor" means a person, other than acontractor performing work for a contractor or subcontractor under contract;
(vii) "Work" shall be as requested, authorized orratified under contract.
(viii) "Material" means:
NOTE: This section becomes effective7/1/2011.
(A) Component parts incorporated into the project; and
NOTE: This section becomes effective7/1/2011.
(B) Equipment and machinery, whether or not incorporated intothe project.
NOTE: This section becomes effective7/1/2011.
(ix) "Materialman" means a person other than acontractor who furnishes material to, but does not perform work for, an owner,a contractor or subcontractor under contract;
NOTE: This section becomes effective7/1/2011.
(x) "Property" means real property, personalproperty, or both;
NOTE: This section becomes effective7/1/2011.
(xi) "Real property" means all interests in realproperty, including but not limited to, the fee estate, leasehold interests,easements and rights of way;
NOTE: This section becomes effective7/1/2011.
(xii) "Send" or "sent" means, in connectionwith any writing or written notice, to deposit in the mail or deliver fortransmission by any other usual means of communication with postage or cost oftransmission provided for and properly addressed and, in the case of aninstrument to an address specified thereon or otherwise agreed, or if noaddress is specified, to any address reasonable under the circumstances. Theforegoing method of delivery includes delivery by any commercial carrier thatrequests and maintains a receipt for delivery of written documents and alsoincludes an electronic record as set forth in the Uniform ElectronicTransactions Act if the sender and recipient have previously communicated by electronicmeans. In the event any writing is transmitted by mail with the United Statespostal service, such writing shall be mailed by certified mail, return receiptrequested, or by mail delivery requiring a receipt for delivery. The time awriting is deemed to have been sent is the time at which the writing isdeposited in the mail or delivered for transmission by any other means and, inthe case of an electronic record, the time of sending is as specified in W.S.40-21-115;
NOTE: This section becomes effective7/1/2011.
(xiii) "Written" or "writing" means printing,typewriting or any other intentional reduction to tangible form, including anelectronic record created, generated, sent, communicated, received or restoredby electronic means;
NOTE: This section becomes effective7/1/2011.
(xiv) "This act" means W.S. 29-1-103 through 29-10-106.
NOTE: This section becomes effective7/1/2011.
(b) Only the following agency relationships are presumed inthis title:
NOTE: Effective7/1/2011, this section will read as follows:
(b) Only the following agency relationships are presumed inthis act:
(i) If any spouse enters into a contract for the performance ofany work or the furnishing of any materials for the benefit of the property ofthe other spouse for which a lien is provided by this title, the spousecontracting for the work shall be presumed to be the agent of the spouse owningthe property;
NOTE: Effective7/1/2011, this section will read as follows:
(i) If any spouse enters into a contract for the performance ofany work or the furnishing of any materials for the benefit of the property ofthe other spouse for which a lien is provided by this act, the spousecontracting for the work shall be presumed to be the agent of the spouse owningthe 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. [NOTE:Effective 7/1/2011, this section is Repealed by Laws 2010, Ch. 92, 3.]
(a) In order to have a perfected lien pursuant to this title, alien claimant shall file with the county clerk a lien statement sworn to beforea notarial officer. The county clerk shall file the statement and index bydate, name of claimant and property owner, and legal description.
(b) The lien statement and the abstracts shall contain asappropriate 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 propertythe lien is filed;
(iv) An itemized list setting forth and describing materialsdelivered 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 werelast rendered or the date when the project was substantially completed;
(vii) The legal description of the premises where the materialswere 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 caseof a real estate lien by certified mail and made by the lien claimant promptlyafter the lien statement is filed.
(d) As a fee for filing a lien statement, the county clerkshall 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 foreclosethe lien.
29-1-302. Notice of satisfaction to be filed. [NOTE: Effective7/1/2011, this section is Repealed by Laws 2010, Ch. 92, 3.]
Wheneverany debt which is a lien pursuant to this title is paid and satisfied, the lienclaimant shall file notice of satisfaction of the lien statement in the officeof the county clerk of any county in which the lien is filed.
29-1-303. Liability for failure to enter satisfaction. [NOTE:Effective 7/1/2011, this section is Repealed by Laws 2010, Ch. 92, 3.]
Inaddition to any actual damages, any creditor refusing or neglecting to entersatisfaction within thirty (30) days after payment as provided by W.S. 29-1-302and after having received by certified or registered mail a request in writingfor the entering of satisfaction is liable for damages of not less thanone-tenth of one percent (.10%) of the original principal amount of the debtper day until such time as the lien claimant enters satisfaction. Theadditional damages authorized by this section shall not exceed one hundreddollars ($100.00) per day.
29-1-304. Rules of Civil Procedure applicable in foreclosure action.[NOTE: Effective 7/1/2011, this section is Repealed by Laws 2010, Ch. 92, 3.]
Inany action to foreclose a lien the Wyoming Rules of Civil Procedure shallgovern.
29-1-305. Priority of liens. [NOTE: Effective 7/1/2011, this sectionis Repealed by Laws 2010, Ch. 92, 3.]
(a) Except as provided in this section the liens provided bythis title shall be on an equal footing without reference to the date of thefiling of the lien statement.
(b) Any lien perfected as provided by this title attaches tothe materials, machinery or supplies furnished and improvements made inpreference to any subsequent lien, security interest or mortgage under anyother 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 beenperfected upon real or personal property or upon a leasehold interest prior tothe commencement of any construction work or repair of the premises or propertyexcept as provided by chapter 7 of this title or W.S. 29-8-102 relating toliens for the production of farm products under contracts executed, enteredinto, renewed or substantively amended on or after July 1, 2001, shall havepriority.
(d) Where a sale is ordered by the court on foreclosure of anylien provided by this title and the proceeds from the sale are insufficient todischarge in full all of the liens, the proceeds shall be prorated among theseveral lien claimants according to the amounts of their respective claims.
(e) The priority of a perfected lien for a cooperative utilityprovided in W.S. 29-2-101(d) shall be determined by the date and time the lienstatement is filed and shall not have priority over other perfected liens ormortgages on the same property which have been perfected prior to the filingdate.
29-1-306. Work or materials furnished considered done under samecontract; exceptions. [NOTE: Effective 7/1/2011, this section is Repealed byLaws 2010, Ch. 92, 3.]
(a) All work performed or materials furnished by a personentitled to a lien as provided by this title shall be considered as having beendone under the same contract unless:
(i) For a contractor, more than one hundred eighty (180) dayselapse from the date of the performance of any work or the furnishing of anymaterials and the date when work or materials are next performed or furnished;or
(ii) For any person not a contractor claiming relief under thistitle more than ninety (90) days elapse as provided in paragraph (a)(i) of thissubsection.
29-1-307. Notice of foreclosure to prior perfected lienholders; effectof failure to notify. [NOTE: Effective 7/1/2011, this section is Repealed byLaws 2010, Ch. 92, 3.]
Theholder of any prior perfected lien upon the land or the leasehold interest isentitled to notice in suits to foreclose the lien. A foreclosure proceedingshall not be rendered invalid by failure to give the notice required by thissection.
29-1-308. Remedies not exclusive. [NOTE: Effective 7/1/2011, thissection is Repealed by Laws 2010, Ch. 92, 3.]
Theremedies provided by this title are not exclusive.
29-1-309. Filing and recording fees. [NOTE: Effective 7/1/2011, thissection is Repealed by Laws 2010, Ch. 92, 3.]
Thecounty clerk shall be paid the same fees as provided by W.S. 18-3-402 forfiling and recording all papers under this title.
29-1-310. Bond to satisfy lien; terms of bond; filing and effectthereof; action upon bond. [NOTE: Effective 7/1/2011, this section is Repealedby Laws 2010, Ch. 92, 3.]
(a) Any lien created pursuant to Title 29 filed against anyproperty, personalty or realty is satisfied if the owner of the property, acontractor or subcontractor has filed a corporate surety bond, letter ofcredit, cash or cash equivalent of established value approved by the districtcourt in the county where the lien was filed in an amount equal to one andone-half (1 1/2) times the amount of the lien.
(b) The bond shall guarantee that if the lien claimant isfinally adjudged to be entitled to recover upon the lien, the principal or hissureties, 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 inan action to foreclose the lien.
(d) The bond shall be filed with the clerk of the districtcourt in the county where the lien was filed.
(e) Upon the filing of the bond, the lien against the propertyshall be forthwith discharged and released in full, and the security describedin subsection (a) of this section shall be substituted. The clerk of courtshall issue a notice of satisfaction of lien which the owner, contractor orsubcontractor may file in the office of the county clerk where the lien wasfiled which shall show that the lien has been satisfied.
(f) A lien claimant whose lien has been satisfied by thesubstitution of the security described in subsection (a) of this section maybring an action upon the bond or undertaking. The action shall be commencedwithin the time allowed for the commencement of an action to foreclose thelien.
29-1-311. False or frivolous liens; damages; penalties. [NOTE:Effective 7/1/2011, this section is Repealed by Laws 2010, Ch. 92, 3.]
(a) Any claim of lien against a federal, state or localofficial or employee based on the performance or nonperformance of thatofficial's or employee's duties shall be invalid unless accompanied by aspecific order from a court of competent jurisdiction authorizing the filing ofthe lien or unless a specific statute authorizes the filing of the lien.
(b) Any person whose real or personal property is subject to arecorded claim of lien who believes the claim of lien is invalid undersubsection (a) of this section, was forged, or that the person claiming thelien knew at the time of filing the lien was groundless, contained a materialmisstatement or false claim, may petition the district court of the county inwhich the claim of lien has been recorded for the relief provided in thissubsection. The petition shall state the grounds upon which relief isrequested, and shall be supported by the affidavit of the petitioner or hisattorney setting forth a concise statement of the facts upon which the motionis based. The clerk of court shall assign a cause number to the petition andobtain from the petitioner a filing fee of thirty-five dollars ($35.00). Uponthe filing of the petition the following shall apply:
(i) The court may enter its order, which may be granted exparte, directing the person claiming the lien to appear before the court at atime no earlier than six (6) nor later than fifteen (15) days following thedate of service of the petition and order on the person claiming the lien, andshow cause, if any, why the relief provided in this subsection should not begranted;
(ii) The order shall clearly state that if the person claimingthe lien fails to appear at the time and place noted, the claim of lien shallbe stricken and released, and that the person claiming the lien shall beordered to pay damages of at least one thousand dollars ($1,000.00) or actualdamages, whichever is greater, and the costs incurred by the petitioner,including reasonable attorneys' fees;
(iii) The order and petition shall be served upon the personclaiming the lien by personal service, or, where the court determines thatservice by mail is likely to give actual notice, the court may order thatservice be made by mailing copies of the petition and order to the personclaiming the lien at his last known address or any other address determined bythe 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 asigned receipt showing when and to whom it was delivered. The envelopes shallbear the return address of the sender;
(iv) If, following a hearing on the matter the court determinesthat the claim of lien is invalid under subsection (a) of this section, wasforged or that the person claiming the lien knew at the time of filing the lienwas groundless or contained a material misstatement or false claim, the courtshall issue an order striking and releasing the claim of lien and awardingdamages of one thousand dollars ($1,000.00) or actual damages, whichever isgreater, costs and reasonable attorneys' fees to the petitioner to be paid bythe 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 reasonableattorneys' 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 orgroundless lien in violation of this section with the intent to threaten,harass or intimidate a public official or employee in the performance ornonperformance of his official duties is guilty of a misdemeanor punishable bya fine of not more than seven hundred fifty dollars ($750.00), imprisonment fornot more than six (6) months, or both.
29-1-312. Lien statement to be filed; contents; notice; fee. [Thissection is effective July 1, 2011.]
(a) In order to have a perfected lien pursuant to this act, alien claimant shall file with the county clerk a lien statement verifying theaccuracy of the lien and the allegations set forth in the lien statement, swornto and acknowledged by the lien claimant or his authorized representativebefore a notarial officer. The county clerk shall record and index the lienstatement by date, names of claimant and property owner, and legal descriptionof the property.
(b) The lien statement shall contain as appropriate thefollowing information:
(i) The name and address of the lien claimant;
(ii) The amount claimed to be due and owing;
(iii) The name and address of the record owner against whoseproperty the lien is filed;
(iv) An itemized list setting forth and describing materialsdelivered or work performed;
(v) The name of the person whom the lien claimant alleges iscontractually responsible to pay the debt secured by the lien;
(vi) The date when labor was last performed or services werelast rendered or the date of substantial completion of the project;
(vii) The legal description of the property where the materialswere furnished or upon which the work was performed; and
(viii) A copy of the contract, if available, or a summary of thelien claimant's contract together with a statement of the location where a copyof the contract, if written, can be obtained.
(c) Notice shall be sent by the lien claimant to the lastrecord owner or his agent in the case of a real property lien within five (5)days after the lien statement is filed. The notice shall be in substantiallythe same format and contain the same information as the form of noticespecified in W.S. 29-10-103. The notice forms shall be made available and maybe obtained at the county clerk's office of each county.
(d) As a fee for recording a lien statement, the county clerkshall collect from the lien claimant the same fee as provided by W.S.18-3-402(a)(xvi)(P). An irregularity in the lien statement may provide a validdefense for a party defending against the lien. The county clerk shallnevertheless file a lien statement at the date and time received by the countyclerk, regardless of any irregularity, illegible language or other reason.
(e) The recording fee under this section may be assessed ascosts in any action to foreclose the lien.
(f) The lien statement shall be in substantially the sameformat and contain the same information as the form specified in W.S.29-10-104. The lien statement forms shall be made available and may beobtained at the county clerk's office of each county.
29-1-313. Notice of satisfaction to be filed. [This section iseffective July 1, 2011.]
(a) Whenever any debt which is secured by a lien pursuant tothis act is paid and satisfied, the lien claimant shall file notice of satisfactionof the lien in the office of the county clerk of any county in which the lienis filed and the lien claimant shall send the record owner a copy of the noticeof satisfaction within five (5) days. The county clerk shall record and indexthe notice of satisfaction of the lien. The notice of satisfaction shall beacknowledged, but may be signed by the lien claimant or the attorney for thelien claimant.
(b) The notice of satisfaction shall be in substantially thesame format and contain the same information as the notice of satisfaction formin W.S. 29-10-106. The notice of satisfaction forms shall be made availableand may be obtained at the county clerk's office of each county.
29-1-314. Liability for failure to file a notice of satisfaction. [Thissection is effective July 1, 2011.]
In addition toany actual damages, any lien claimant refusing or neglecting to file the noticeof satisfaction as provided in W.S. 29-1-313 within thirty (30) days afterpayment, and after having received by certified or registered mail a request inwriting to file the notice of satisfaction, is liable for damages of not lessthan one-tenth of one percent (.10%) of the original principal amount of thedebt per day from the date the lien claimant receives the written request tofile a notice of satisfaction, until the lien claimant files a notice ofsatisfaction. The damages authorized by this section shall not exceed onehundred dollars ($100.00) per day.
ARTICLE 4 - ACTIONS TO FORECLOSE LIENS
29-1-401. Jurisdiction of circuit and district court; Rules of CivilProcedure applicable in foreclosure action; attorney fees. [This section iseffective July 1, 2011.]
(a) All actions to foreclose a lien perfected under this actare quasi in rem proceedings and shall be commenced by filing a complaint ineither the district court or, when required under W.S. 5-9-128(a)(vi), in thecircuit court, in any county in which the property subject to the lien islocated.
(b) In any action to foreclose a lien the Wyoming Rules of CivilProcedure shall govern.
(c) In the event an action is filed to foreclose a lienpursuant to this act, the prevailing party shall be entitled to recover fromthe nonprevailing party all costs and expenses reasonably associated with theaction, including but not limited to reasonable attorney fees.
(d) Nothing in this section shall be construed to require alien claimant to enforce his lien under this article if another method ofenforcement is available under this act.
29-1-402. Priority of liens. [This section is effective July 1, 2011.]
(a) Except as provided in this section, the liens provided bythis act shall be on an equal footing without reference to the date of thefiling of the lien statement.
(b) Any lien perfected in compliance with this act attaches tothe real property, fixtures, materials, machinery or supplies furnished andimprovements made in preference to any subsequent lien, security interest ormortgage under any other provision of law which has been perfected upon real orpersonal property, including a leasehold interest, against which the lien isclaimed.
(c) Any lien, security interest or mortgage which has beenperfected upon real or personal property or upon a leasehold interest prior tothe commencement of any construction work or repair of the premises orproperty, except as provided by chapter 7 of this act, or W.S. 29-8-102relating to liens for the production of farm products under contracts executed,entered into, renewed or substantively amended on or after July 1, 2001, shallhave priority.
(d) Where a sale is ordered by the court on foreclosure of anylien provided by this act and the proceeds from the sale are insufficient todischarge in full all of the liens, the proceeds shall be prorated among theseveral lien claimants according to the amounts of their respective claims.
29-1-403. Work or materials furnished considered done under samecontract; exceptions. [This section is effective July 1, 2011.]
All work performed or materials furnished by a lien claimantshall be considered as having been done under the same contract unless morethan one hundred eighty (180) days elapse from the date of the performance ofany work or the furnishing of any materials and the date when work or materialsare next performed or furnished by the lien claimant.
29-1-404. Notice of foreclosure to prior perfected lienholders; effectof failure to notify. [This section is effective July 1, 2011.]
The holder of any prior perfected lien upon the realproperty is entitled to notice in suits to foreclose the lien. A foreclosureproceeding shall not be rendered invalid by failure to give the notice requiredby this section.
29-1-405. Remedies not exclusive. [This section is effective July 1,2011.]
The remedies provided by this act are not exclusive.
29-1-406. Filing and recording fees. [This section is effective July1, 2011.]
The county clerk shall be paid the samefees as provided by W.S. 18-3-402 for recording all papers under this act.
29-1-407. Consent to jurisdiction and venue. [This section iseffective July 1, 2011.]
By contracting to perform work or furnish materials on aproject located in Wyoming, each contractor, subcontractor and materialman whoasserts a lien submits to the laws of Wyoming and the jurisdiction of thedistrict and circuit courts in the county in which the project is situated withrespect to all lien claims, regardless of whether the lien claimant is aresident of Wyoming and regardless of whether the contract contains a contrarychoice of law or venue provision. Venue for any mediation or arbitration oflien claims shall be proper only in the county in which the project is located,unless the parties agree otherwise.
ARTICLE 5 - SUBSTITUTE SECURITY FOR LIENS
29-1-501. Substitute security to satisfy lien; filing and effectthereof; action upon security. [This section is effective July 1, 2011.]
(a) Any lien created pursuant to this act filed against anyreal or personal property is satisfied if the owner of the property, contractoror subcontractor has deposited with the court having jurisdiction over the lienclaim a corporate surety bond, letter of credit, cash or cash equivalent ofestablished value approved by the court having jurisdiction over the lien claimin the county where the lien was filed in an amount equal to one and one-half(1 ) times the amount of the lien.
(b) The security shall guarantee that if the lien claimant isfinally adjudged to be entitled to recover upon the lien, the principal or hissureties, jointly and severally, in the case of a bond, or the issuer of aletter of credit shall pay the lien claimant the amount of the judgment for atleast the amount for which the lien was filed plus costs and attorneys' fees.
(c) The security may be deposited any time prior to entry of afinal judgment in an action to foreclose the lien.
(d) The security shall be deposited with the clerk of the courthaving jurisdiction over the lien claim in the county where the lien was filed.
(e) Upon depositing the security and entry of an order of thecourt accepting the security, the lien against the property shall be forthwithdischarged and released in full, and the security deposited pursuant to thissection shall be substituted. The clerk of court shall issue a notice of satisfactionof lien which the owner or lien claimant may file in the office of the countyclerk where the lien was filed which shall show that the lien has beensatisfied.
(f) A lien claimant whose lien has been satisfied by thesubstitution of the security pursuant to subsection (e) of this section maybring an action upon the security. The action shall be commenced in the courtin which the security was deposited under subsection (d) of this section.
ARTICLE 6 - FALSE OR FRIVOLOUS LIENS
29-1-601. False or frivolous liens; damages; penalties. [This sectionis effective July 1, 2011.]
(a) Any claim of lien against a federal, state or localofficial or employee based on the performance or nonperformance of thatofficial's or employee's duties shall be invalid unless accompanied by aspecific order from a court of competent jurisdiction authorizing the filing ofthe lien or unless a specific statute authorizes the filing of the lien.
(b) Any person whose real or personal property is subject to arecorded claim of lien who believes the claim of lien is invalid undersubsection (a) of this section, was forged, or that the lien claimant knew atthe time of filing that the lien was groundless, contained a materialmisstatement or false claim, may petition the court having jurisdiction overthe lien of the county in which the claim of lien has been recorded for therelief provided in this subsection. The petition shall state the grounds uponwhich relief is requested, and shall be supported by the affidavit of thepetitioner or his attorney setting forth a concise statement of the facts uponwhich the motion is based. The clerk of court shall assign a case number to thepetition 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 exparte, directing the lien claimant to appear before the court at a time noearlier than six (6) nor later than fifteen (15) days following the date ofservice of the petition, and order the lien claimant to show cause, if any, whythe relief provided in this subsection should not be granted;
(ii) The order shall clearly state that if the lien claimantfails to appear at the time and place noted, the claim of lien shall bestricken and released, and that the lien claimant shall be ordered to paydamages of at least one thousand dollars ($1,000.00) or actual damages,whichever is greater, and the costs incurred by the petitioner, including reasonableattorneys' fees;
(iii) The order and petition shall be served upon the lienclaimant by personal service, or, where the court determines that service bymail or other comparable method of delivery is likely to give actual notice,the court may order that service be made by mailing or delivering copies of thepetition and order to the lien claimant at his last known address or any otheraddress determined by the court to be appropriate. Two (2) copies shall besent, one (1) by ordinary first class mail and the other by a form of mail orother delivery method requiring a signed receipt showing when and to whom itwas delivered. The envelopes shall bear the return address of the sender;
(iv) If, following a hearing on the matter the court determines thatthe claim of lien is invalid under subsection (a) of this section, was forgedor that the lien claimant knew at the time of filing that the lien wasgroundless or contained a material misstatement or false claim, the court shallissue an order striking and releasing the claim of lien and awarding damages ofone thousand dollars ($1,000.00) or actual damages, whichever is greater, costsand reasonable attorneys' fees to the petitioner to be paid by the lienclaimant;
(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 reasonableattorneys' fees to the lien claimant to be paid by the petitioner.
(c) Any person who offers to have recorded or filed a forged orgroundless lien in violation of this section with the intent to threaten,harass or intimidate a public official or employee in the performance ornonperformance of his official duties is guilty of a misdemeanor punishable bya fine of not more than seven hundred fifty dollars ($750.00), imprisonment fornot more than six (6) months, or both.
