(a) Any person is entitled to a lien on any goods, chattels oranimals for his reasonable charges for work or services performed or feedprovided when he:
(i) Makes, alters, repairs, bestows work upon, transports,stores or keeps the same; or
(ii) Feeds, herds, pastures or cares for any domestic or wildanimal lawfully held in captivity. Any person creating a lien under thisparagraph shall file the lien in the office of the secretary of state.
(b) W.S. 29-7-101 through 29-7-106 shall not apply where a lienis provided by W.S. 34.1-7-209 and 29-7-301. A person engaging in self-storageoperations whereby members of the public rent space from the person to storegoods and chattels and retain control over access to the goods and chattels isnot a warehouseman under W.S. 34.1-7-102(a)(viii) and is entitled to a lienunder this section.
29-7-102. Right of possession by lien claimant; termination thereof;removal of property without lienholder's consent; penalty therefor; filing oflien statement in lieu of possession.
(a) A lien claimant may retain possession of the property towhich the lien pertains until paid for the labor, services, materials and feedwhich entitle the lien claimant to assert the lien. However, the right ofpossession terminates six (6) months after the date upon which the chargesbecome due and payable unless the lien claimant has commenced proceedings toforeclose the lien as provided by W.S. 29-7-101 through 29-7-106.
(b) If any person causes to be removed from the possession of alien claimant any property or part thereof which is subject to the lien createdby W.S. 29-7-101 through 29-7-106 from the place where the property was locatedwhen the lien is perfected, without the written consent of the owner and theholder of the lien or his agent, either originally or by transfer, the personso removing the property affected by the lien is guilty of a misdemeanor. Onconviction he may be punished by a fine of not more than seven hundred fiftydollars ($750.00).
(c) If a lien claimant desires to continue a lien withoutretaining possession, he may before voluntarily releasing possession file alien statement in the office of the county clerk of the county where theproperty is located, or in the case of a feeder's lien under paragraph (a)(ii)of this section, in the office of the secretary of state.
(d) If possession is terminated without the lien claimant'sconsent, he may perfect the lien by filing a lien statement on or before thirty(30) days after possession is terminated.
29-7-103. Lien statement; additional contents; county clerk to notelien on certificate of title.
(a) A lien statement under W.S. 29-7-101 through 29-7-106 shallprovide in addition to the requirements of W.S. 29-1-301(b) whether the lienclaimant was in possession of the property at the time the lien statement wasfiled or the owner consented to the filing of the lien. Notwithstanding W.S.29-1-301(a), a feeder's lien created pursuant to W.S. 29-7-101(a)(ii) shall befiled in the office of the secretary of state together with any applicablefiling fees.
NOTE: Effective7/1/2011, this section will read as follows:
(a) A lien statement under W.S. 29-7-101 through 29-7-106 shallprovide in addition to the requirements of W.S. 29-1-312(b) whether the lienclaimant was in possession of the property at the time the lien statement wasfiled or the owner consented to the filing of the lien. Notwithstanding W.S.29-1-312(a), a feeder's lien created pursuant to W.S. 29-7-101(a)(ii) shall befiled in the office of the secretary of state together with any applicablefiling fees.
(b) A lien statement relating to a motor vehicle or otherproperty, title to which is evidenced by a certificate of title, shall not bevalid as to the motor vehicle or property unless the county clerk concurrentlywith the filing of the lien statement places on the certificate of title anappropriate notation showing the date, the amount of the lien and the name ofthe lien claimant. Each notation under this subsection after the first shall beaccompanied by a fee of one dollar ($1.00) paid to the county clerk. If thecounty clerk issues the certificate of title, he shall immediately endorse thesame encumbrance data on the certificate copy on file in his office. If thecertificate is issued in some other county or state the county clerk shallpromptly transmit to the state or county officer who issued the certificate oftitle the same encumbrance data. The other county officer shall promptly placethe data on the certificate copy on file in his office.
29-7-104. Termination of lien; effect thereof on claimant's right ofpossession.
(a) A lien under W.S. 29-7-101 through 29-7-106 terminates:
(i) Upon a lienor's voluntary surrender of possession of theproperty, unless a lien statement has previously been filed as provided in W.S.29-7-103;
(ii) One hundred eighty (180) days after the date upon which thework, services, materials and feed giving rise to the lien were performed orfurnished unless a lien statement has previously been filed as provided by W.S.29-7-103; and
(iii) One hundred eighty (180) days after a lien statement isfiled as provided in W.S. 29-7-103, unless action to enforce and foreclose thelien has commenced.
(b) Upon termination of a lien, the lien claimant has nofurther right to possession of the property and no further interest therein.
29-7-105. Repossession; enforcement of lien by sale; notice thereof toknown claimants; satisfaction by any claimant; title of good faith purchaser;disposition of proceeds; additional creditors' rights; liability fornoncompliance with section; "commercially reasonable".
(a) Subject to the termination of a lien as provided in W.S.29-7-104, a lienor who has surrendered possession involuntarily has the rightto repossess the property subject to the lien. In repossessing a lienor mayproceed without judicial process if this can be done without breach of thepeace. A lienor may also replevy the property or use any other judicial actionavailable.
(b) A lien arising under W.S. 29-7-101 through 29-7-106 may beenforced by public or private sale of the property en bloc or in parcels at atime or place and on terms which are commercially reasonable after mailing bycertified mail, return receipt requested, to their last known address a noticeto all persons known to claim an interest in the property. The notificationshall include:
(i) A statement of the amount due;
(ii) The nature of the proposed sale; and
(iii) The time and place of any public sale.
(c) Before any sale pursuant to this section any personclaiming a right in the property may pay the amount necessary to satisfy thelien and the reasonable expenses incurred under this section.
(d) The lien claimant may buy at any public sale pursuant tothis section.
(e) A purchaser in good faith of property sold to enforce alien under W.S. 29-7-101 through 29-7-106 takes the property free of any rightsof persons against whom the lien was valid, despite noncompliance by the lienclaimant with the requirements of this section.
(f) A lien claimant may satisfy his lien from the proceeds ofany sale pursuant to this section but shall hold the balance, if any, fordelivery on demand to the owner of the property or any person entitled thereto.The owner or any other person demanding delivery of the balance shall furnishto the lien claimant reasonable evidence of his right to take delivery.
(g) The rights provided by W.S. 29-7-101 through 29-7-106 shallbe in addition to all other rights allowed by law to a creditor against hisdebtor.
(h) A lien under W.S. 29-7-101 through 29-7-106 may also beenforced in accordance with the procedure set forth in W.S. 34.1-7-210(b).
(j) A lien claimant is liable for damages caused by failure tocomply with this section.
(k) The fact a better price could be obtained by a sale at adifferent time or in a different method from that selected by the lien claimantis not sufficient to establish a sale as not made in a commercially reasonablemanner.
29-7-106. Priority of lien.
(a) A lien pursuant to W.S. 29-7-101 through 29-7-106 except asotherwise specifically provided therein shall be prior to all other liens,encumbrances and security interests if the property claimed is in possession ofthe lien claimant.
(b) If the property is not in possession of the lien claimant,a lien under W.S. 29-7-101 through 29-7-106 shall be prior to all other liens,encumbrances and security interests, except for a subsequent lien claimant inpossession under W.S. 29-7-101 through 29-7-106 or a lien created under W.S.29-8-102 relating to liens for the production of farm products under contractsexecuted, entered into, renewed or substantively amended after July 1, 2001.
ARTICLE 2 - BREEDERS
29-7-201. Owner of male animal to have lien on female animal andoffspring.
Theowner of a male animal shall have a lien upon any female animal bred to themale and also upon any offspring begotten by the male for the sum stipulated tobe paid for the service.
29-7-202. Notice of lien to be filed; time and place; form; filing bycounty clerk; release; renewal.
(a) A notice of a breeder's lien shall within ninety (90) daysafter the date of the service be filed in the office of the secretary of state.The notice shall be in the following format:
Notice of Breeder's Lien.
TheState of Wyoming )
) ss.
Countyof .... )
I,...., being first duly sworn, upon my oath depose and say I am the lawful owner(or duly authorized agent of .... the lawful owner) of .... (description ofmale animal).
On (or between) the ....day of ...., A.D. (year) and the .... day of ...., (year), the services of themale animal were had upon the following described female animals:
The above services wererendered at the request of .... (for and on behalf of ....), the lawful owner.... of the female animals.
The fee agreed upon forthese services was .... dollars.
There is now due to ....from .... for these services, the sum of .... dollars.
Ninety (90) days havenot elapsed since the date of the services, and .... claim a breeder's lien onthe property for this amount.
Subscribed in mypresence and sworn to before me this .... day of ...., A.D. (year).
....
Notary Public.
Mycommission expires ....
(b) The secretary of state on presentation shall file thisinstrument in his office in the same manner as financing statements arerequired to be filed under the Uniform Commercial Code.
(c) All breeders' liens shall be released in the same manner asfinancing statements under the Uniform Commercial Code.
(d) If the owner of the male animal does not wish to takeadvantage of W.S. 29-7-204 he may renew the lien in the same manner in whichsecured interests are renewed pursuant to the Uniform Commercial Code.
29-7-203. Priority of liens.
Thelien herein given is prior to and shall take precedence over any lien orencumbrance given subsequent to the service unless the lien is created pursuantto W.S. 29-8-102 relating to liens for the production of farm products undercontracts executed, entered into, renewed or substantively amended after July1, 2001.
29-7-204. Possession and sale of female animal or offspring by lienclaimant.
Atany time after default of payment for services rendered and within one (1) yearafter the service, the owner of the lien may take possession of any femaleanimal or offspring upon which a lien exists in accordance with law and sell itas provided by W.S. 29-7-205.
29-7-205. Sale at auction; publication or posting of notice; contentsthereof; new notice required in case of adjournment; lien claimant maypurchase; bill of sale to be filed.
(a) A sale shall be made at public auction. The lienholdershall first give ten (10) days notice in any newspaper published in the countywhere the notice of lien is filed. If no newspaper is published in the countythe notice shall be posted for two (2) weeks in at least three (3) publicplaces in the county, one (1) of which shall be at the front door of thecourthouse. The notice shall:
(i) Describe the animal or animals to be sold;
(ii) State the amount of money claimed to be due;
(iii) State when the services were rendered; and
(iv) State the exact time and place of the sale.
(b) If for any reason it is necessary to adjourn the sale, newnotices shall be given as in the first instance required.
(c) A lien claimant is not prevented from purchasing at a salebecause of his owning the lien on the animal sold.
(d) The purchaser shall take from the person selling any femaleanimal or offspring a bill of sale which shall contain the substance of thenotice of sale, the date of sale and the consideration. The bill of sale shallbe filed in the office of the secretary of state, and shall be provided to aWyoming brand inspector upon a change of ownership inspection pursuant to W.S.11-20-203.
29-7-206. Sale at auction; offspring to be sold first; disposition ofproceeds; remedies not exclusive.
Ifa female animal and her offspring are taken under a lien, the offspring shallbe sold first. If the proceeds are sufficient to pay the expense incurred intaking possession under the lien, the filing fee and the costs of notices, thenthe female animal shall not be sold. After deducting the expense from theproceeds of any sale, the remainder of the proceeds, if any, shall be returnedto the person entitled to them. The lien herein given shall not exclude anyholder of a lien from abandoning it and recovering the amount due him by anaction at law.
29-7-207. Selling or removing encumbered property without lienholder'sconsent; penalty.
Anyowner of a female animal or offspring on which a lien exists under W.S.29-7-201 through 29-7-207 who disposes of any female animal or offspring beforethe lien expires or is satisfied or who removes the female animal or offspringwith intent to deprive a lien claimant of his lien or with intent to damage aninnocent purchaser, and does so without first having obtained the consent ofthe lienholder to the disposition is guilty of a misdemeanor. On conviction hemay be fined not more than seven hundred fifty dollars ($750.00).
ARTICLE 3 - HOUSE TRAILERS
29-7-301. Persons entitled to lien; notice and priority thereof;removal of trailer by lienor; exception; enforcement and foreclosure of lien;"house trailer".
(a) Any person leasing or renting space for a house trailersite shall have a lien on any house trailer thereon situated for unpaid leaseor rental payments and for other unpaid charges due the lessor under the termsor conditions of any lease or rental agreement. The lien shall be effectiveafter the lessee has defaulted in payments as provided in the written rental orlease agreement. Notice of the lien shall be given by the lessor by causingnotice in writing to be posted conspicuously on the mobile home. The lienprovided by this section shall have priority over all other liens except apreviously perfected security interest in the mobile home.
(b) At any time after thirty (30) days after notice is giventhe lessor may remove the house trailer from the leased or rented site andretain the lien as provided by this section. On removal, reasonable charges forthe removal and storage may be assessed against the house trailer.
(c) Notwithstanding the provisions of subsection (b) of thissection, a house trailer shall not be removed pursuant to this section if it isoccupied by the lessee. In this case the lessor has a remedy at law.
(d) The lien provided by this section may be enforced andforeclosed as security agreements are enforced under W.S. 34.1-1-101 through34.1-10-104.
(e) As used in this section "house trailer" shall bedefined as in W.S. 31-5-102(a)(xv).
(a) Any person is entitled to a lien on any goods, chattels oranimals for his reasonable charges for work or services performed or feedprovided when he:
(i) Makes, alters, repairs, bestows work upon, transports,stores or keeps the same; or
(ii) Feeds, herds, pastures or cares for any domestic or wildanimal lawfully held in captivity. Any person creating a lien under thisparagraph shall file the lien in the office of the secretary of state.
(b) W.S. 29-7-101 through 29-7-106 shall not apply where a lienis provided by W.S. 34.1-7-209 and 29-7-301. A person engaging in self-storageoperations whereby members of the public rent space from the person to storegoods and chattels and retain control over access to the goods and chattels isnot a warehouseman under W.S. 34.1-7-102(a)(viii) and is entitled to a lienunder this section.
29-7-102. Right of possession by lien claimant; termination thereof;removal of property without lienholder's consent; penalty therefor; filing oflien statement in lieu of possession.
(a) A lien claimant may retain possession of the property towhich the lien pertains until paid for the labor, services, materials and feedwhich entitle the lien claimant to assert the lien. However, the right ofpossession terminates six (6) months after the date upon which the chargesbecome due and payable unless the lien claimant has commenced proceedings toforeclose the lien as provided by W.S. 29-7-101 through 29-7-106.
(b) If any person causes to be removed from the possession of alien claimant any property or part thereof which is subject to the lien createdby W.S. 29-7-101 through 29-7-106 from the place where the property was locatedwhen the lien is perfected, without the written consent of the owner and theholder of the lien or his agent, either originally or by transfer, the personso removing the property affected by the lien is guilty of a misdemeanor. Onconviction he may be punished by a fine of not more than seven hundred fiftydollars ($750.00).
(c) If a lien claimant desires to continue a lien withoutretaining possession, he may before voluntarily releasing possession file alien statement in the office of the county clerk of the county where theproperty is located, or in the case of a feeder's lien under paragraph (a)(ii)of this section, in the office of the secretary of state.
(d) If possession is terminated without the lien claimant'sconsent, he may perfect the lien by filing a lien statement on or before thirty(30) days after possession is terminated.
29-7-103. Lien statement; additional contents; county clerk to notelien on certificate of title.
(a) A lien statement under W.S. 29-7-101 through 29-7-106 shallprovide in addition to the requirements of W.S. 29-1-301(b) whether the lienclaimant was in possession of the property at the time the lien statement wasfiled or the owner consented to the filing of the lien. Notwithstanding W.S.29-1-301(a), a feeder's lien created pursuant to W.S. 29-7-101(a)(ii) shall befiled in the office of the secretary of state together with any applicablefiling fees.
NOTE: Effective7/1/2011, this section will read as follows:
(a) A lien statement under W.S. 29-7-101 through 29-7-106 shallprovide in addition to the requirements of W.S. 29-1-312(b) whether the lienclaimant was in possession of the property at the time the lien statement wasfiled or the owner consented to the filing of the lien. Notwithstanding W.S.29-1-312(a), a feeder's lien created pursuant to W.S. 29-7-101(a)(ii) shall befiled in the office of the secretary of state together with any applicablefiling fees.
(b) A lien statement relating to a motor vehicle or otherproperty, title to which is evidenced by a certificate of title, shall not bevalid as to the motor vehicle or property unless the county clerk concurrentlywith the filing of the lien statement places on the certificate of title anappropriate notation showing the date, the amount of the lien and the name ofthe lien claimant. Each notation under this subsection after the first shall beaccompanied by a fee of one dollar ($1.00) paid to the county clerk. If thecounty clerk issues the certificate of title, he shall immediately endorse thesame encumbrance data on the certificate copy on file in his office. If thecertificate is issued in some other county or state the county clerk shallpromptly transmit to the state or county officer who issued the certificate oftitle the same encumbrance data. The other county officer shall promptly placethe data on the certificate copy on file in his office.
29-7-104. Termination of lien; effect thereof on claimant's right ofpossession.
(a) A lien under W.S. 29-7-101 through 29-7-106 terminates:
(i) Upon a lienor's voluntary surrender of possession of theproperty, unless a lien statement has previously been filed as provided in W.S.29-7-103;
(ii) One hundred eighty (180) days after the date upon which thework, services, materials and feed giving rise to the lien were performed orfurnished unless a lien statement has previously been filed as provided by W.S.29-7-103; and
(iii) One hundred eighty (180) days after a lien statement isfiled as provided in W.S. 29-7-103, unless action to enforce and foreclose thelien has commenced.
(b) Upon termination of a lien, the lien claimant has nofurther right to possession of the property and no further interest therein.
29-7-105. Repossession; enforcement of lien by sale; notice thereof toknown claimants; satisfaction by any claimant; title of good faith purchaser;disposition of proceeds; additional creditors' rights; liability fornoncompliance with section; "commercially reasonable".
(a) Subject to the termination of a lien as provided in W.S.29-7-104, a lienor who has surrendered possession involuntarily has the rightto repossess the property subject to the lien. In repossessing a lienor mayproceed without judicial process if this can be done without breach of thepeace. A lienor may also replevy the property or use any other judicial actionavailable.
(b) A lien arising under W.S. 29-7-101 through 29-7-106 may beenforced by public or private sale of the property en bloc or in parcels at atime or place and on terms which are commercially reasonable after mailing bycertified mail, return receipt requested, to their last known address a noticeto all persons known to claim an interest in the property. The notificationshall include:
(i) A statement of the amount due;
(ii) The nature of the proposed sale; and
(iii) The time and place of any public sale.
(c) Before any sale pursuant to this section any personclaiming a right in the property may pay the amount necessary to satisfy thelien and the reasonable expenses incurred under this section.
(d) The lien claimant may buy at any public sale pursuant tothis section.
(e) A purchaser in good faith of property sold to enforce alien under W.S. 29-7-101 through 29-7-106 takes the property free of any rightsof persons against whom the lien was valid, despite noncompliance by the lienclaimant with the requirements of this section.
(f) A lien claimant may satisfy his lien from the proceeds ofany sale pursuant to this section but shall hold the balance, if any, fordelivery on demand to the owner of the property or any person entitled thereto.The owner or any other person demanding delivery of the balance shall furnishto the lien claimant reasonable evidence of his right to take delivery.
(g) The rights provided by W.S. 29-7-101 through 29-7-106 shallbe in addition to all other rights allowed by law to a creditor against hisdebtor.
(h) A lien under W.S. 29-7-101 through 29-7-106 may also beenforced in accordance with the procedure set forth in W.S. 34.1-7-210(b).
(j) A lien claimant is liable for damages caused by failure tocomply with this section.
(k) The fact a better price could be obtained by a sale at adifferent time or in a different method from that selected by the lien claimantis not sufficient to establish a sale as not made in a commercially reasonablemanner.
29-7-106. Priority of lien.
(a) A lien pursuant to W.S. 29-7-101 through 29-7-106 except asotherwise specifically provided therein shall be prior to all other liens,encumbrances and security interests if the property claimed is in possession ofthe lien claimant.
(b) If the property is not in possession of the lien claimant,a lien under W.S. 29-7-101 through 29-7-106 shall be prior to all other liens,encumbrances and security interests, except for a subsequent lien claimant inpossession under W.S. 29-7-101 through 29-7-106 or a lien created under W.S.29-8-102 relating to liens for the production of farm products under contractsexecuted, entered into, renewed or substantively amended after July 1, 2001.
ARTICLE 2 - BREEDERS
29-7-201. Owner of male animal to have lien on female animal andoffspring.
Theowner of a male animal shall have a lien upon any female animal bred to themale and also upon any offspring begotten by the male for the sum stipulated tobe paid for the service.
29-7-202. Notice of lien to be filed; time and place; form; filing bycounty clerk; release; renewal.
(a) A notice of a breeder's lien shall within ninety (90) daysafter the date of the service be filed in the office of the secretary of state.The notice shall be in the following format:
Notice of Breeder's Lien.
TheState of Wyoming )
) ss.
Countyof .... )
I,...., being first duly sworn, upon my oath depose and say I am the lawful owner(or duly authorized agent of .... the lawful owner) of .... (description ofmale animal).
On (or between) the ....day of ...., A.D. (year) and the .... day of ...., (year), the services of themale animal were had upon the following described female animals:
The above services wererendered at the request of .... (for and on behalf of ....), the lawful owner.... of the female animals.
The fee agreed upon forthese services was .... dollars.
There is now due to ....from .... for these services, the sum of .... dollars.
Ninety (90) days havenot elapsed since the date of the services, and .... claim a breeder's lien onthe property for this amount.
Subscribed in mypresence and sworn to before me this .... day of ...., A.D. (year).
....
Notary Public.
Mycommission expires ....
(b) The secretary of state on presentation shall file thisinstrument in his office in the same manner as financing statements arerequired to be filed under the Uniform Commercial Code.
(c) All breeders' liens shall be released in the same manner asfinancing statements under the Uniform Commercial Code.
(d) If the owner of the male animal does not wish to takeadvantage of W.S. 29-7-204 he may renew the lien in the same manner in whichsecured interests are renewed pursuant to the Uniform Commercial Code.
29-7-203. Priority of liens.
Thelien herein given is prior to and shall take precedence over any lien orencumbrance given subsequent to the service unless the lien is created pursuantto W.S. 29-8-102 relating to liens for the production of farm products undercontracts executed, entered into, renewed or substantively amended after July1, 2001.
29-7-204. Possession and sale of female animal or offspring by lienclaimant.
Atany time after default of payment for services rendered and within one (1) yearafter the service, the owner of the lien may take possession of any femaleanimal or offspring upon which a lien exists in accordance with law and sell itas provided by W.S. 29-7-205.
29-7-205. Sale at auction; publication or posting of notice; contentsthereof; new notice required in case of adjournment; lien claimant maypurchase; bill of sale to be filed.
(a) A sale shall be made at public auction. The lienholdershall first give ten (10) days notice in any newspaper published in the countywhere the notice of lien is filed. If no newspaper is published in the countythe notice shall be posted for two (2) weeks in at least three (3) publicplaces in the county, one (1) of which shall be at the front door of thecourthouse. The notice shall:
(i) Describe the animal or animals to be sold;
(ii) State the amount of money claimed to be due;
(iii) State when the services were rendered; and
(iv) State the exact time and place of the sale.
(b) If for any reason it is necessary to adjourn the sale, newnotices shall be given as in the first instance required.
(c) A lien claimant is not prevented from purchasing at a salebecause of his owning the lien on the animal sold.
(d) The purchaser shall take from the person selling any femaleanimal or offspring a bill of sale which shall contain the substance of thenotice of sale, the date of sale and the consideration. The bill of sale shallbe filed in the office of the secretary of state, and shall be provided to aWyoming brand inspector upon a change of ownership inspection pursuant to W.S.11-20-203.
29-7-206. Sale at auction; offspring to be sold first; disposition ofproceeds; remedies not exclusive.
Ifa female animal and her offspring are taken under a lien, the offspring shallbe sold first. If the proceeds are sufficient to pay the expense incurred intaking possession under the lien, the filing fee and the costs of notices, thenthe female animal shall not be sold. After deducting the expense from theproceeds of any sale, the remainder of the proceeds, if any, shall be returnedto the person entitled to them. The lien herein given shall not exclude anyholder of a lien from abandoning it and recovering the amount due him by anaction at law.
29-7-207. Selling or removing encumbered property without lienholder'sconsent; penalty.
Anyowner of a female animal or offspring on which a lien exists under W.S.29-7-201 through 29-7-207 who disposes of any female animal or offspring beforethe lien expires or is satisfied or who removes the female animal or offspringwith intent to deprive a lien claimant of his lien or with intent to damage aninnocent purchaser, and does so without first having obtained the consent ofthe lienholder to the disposition is guilty of a misdemeanor. On conviction hemay be fined not more than seven hundred fifty dollars ($750.00).
ARTICLE 3 - HOUSE TRAILERS
29-7-301. Persons entitled to lien; notice and priority thereof;removal of trailer by lienor; exception; enforcement and foreclosure of lien;"house trailer".
(a) Any person leasing or renting space for a house trailersite shall have a lien on any house trailer thereon situated for unpaid leaseor rental payments and for other unpaid charges due the lessor under the termsor conditions of any lease or rental agreement. The lien shall be effectiveafter the lessee has defaulted in payments as provided in the written rental orlease agreement. Notice of the lien shall be given by the lessor by causingnotice in writing to be posted conspicuously on the mobile home. The lienprovided by this section shall have priority over all other liens except apreviously perfected security interest in the mobile home.
(b) At any time after thirty (30) days after notice is giventhe lessor may remove the house trailer from the leased or rented site andretain the lien as provided by this section. On removal, reasonable charges forthe removal and storage may be assessed against the house trailer.
(c) Notwithstanding the provisions of subsection (b) of thissection, a house trailer shall not be removed pursuant to this section if it isoccupied by the lessee. In this case the lessor has a remedy at law.
(d) The lien provided by this section may be enforced andforeclosed as security agreements are enforced under W.S. 34.1-1-101 through34.1-10-104.
(e) As used in this section "house trailer" shall bedefined as in W.S. 31-5-102(a)(xv).
(a) Any person is entitled to a lien on any goods, chattels oranimals for his reasonable charges for work or services performed or feedprovided when he:
(i) Makes, alters, repairs, bestows work upon, transports,stores or keeps the same; or
(ii) Feeds, herds, pastures or cares for any domestic or wildanimal lawfully held in captivity. Any person creating a lien under thisparagraph shall file the lien in the office of the secretary of state.
(b) W.S. 29-7-101 through 29-7-106 shall not apply where a lienis provided by W.S. 34.1-7-209 and 29-7-301. A person engaging in self-storageoperations whereby members of the public rent space from the person to storegoods and chattels and retain control over access to the goods and chattels isnot a warehouseman under W.S. 34.1-7-102(a)(viii) and is entitled to a lienunder this section.
29-7-102. Right of possession by lien claimant; termination thereof;removal of property without lienholder's consent; penalty therefor; filing oflien statement in lieu of possession.
(a) A lien claimant may retain possession of the property towhich the lien pertains until paid for the labor, services, materials and feedwhich entitle the lien claimant to assert the lien. However, the right ofpossession terminates six (6) months after the date upon which the chargesbecome due and payable unless the lien claimant has commenced proceedings toforeclose the lien as provided by W.S. 29-7-101 through 29-7-106.
(b) If any person causes to be removed from the possession of alien claimant any property or part thereof which is subject to the lien createdby W.S. 29-7-101 through 29-7-106 from the place where the property was locatedwhen the lien is perfected, without the written consent of the owner and theholder of the lien or his agent, either originally or by transfer, the personso removing the property affected by the lien is guilty of a misdemeanor. Onconviction he may be punished by a fine of not more than seven hundred fiftydollars ($750.00).
(c) If a lien claimant desires to continue a lien withoutretaining possession, he may before voluntarily releasing possession file alien statement in the office of the county clerk of the county where theproperty is located, or in the case of a feeder's lien under paragraph (a)(ii)of this section, in the office of the secretary of state.
(d) If possession is terminated without the lien claimant'sconsent, he may perfect the lien by filing a lien statement on or before thirty(30) days after possession is terminated.
29-7-103. Lien statement; additional contents; county clerk to notelien on certificate of title.
(a) A lien statement under W.S. 29-7-101 through 29-7-106 shallprovide in addition to the requirements of W.S. 29-1-301(b) whether the lienclaimant was in possession of the property at the time the lien statement wasfiled or the owner consented to the filing of the lien. Notwithstanding W.S.29-1-301(a), a feeder's lien created pursuant to W.S. 29-7-101(a)(ii) shall befiled in the office of the secretary of state together with any applicablefiling fees.
NOTE: Effective7/1/2011, this section will read as follows:
(a) A lien statement under W.S. 29-7-101 through 29-7-106 shallprovide in addition to the requirements of W.S. 29-1-312(b) whether the lienclaimant was in possession of the property at the time the lien statement wasfiled or the owner consented to the filing of the lien. Notwithstanding W.S.29-1-312(a), a feeder's lien created pursuant to W.S. 29-7-101(a)(ii) shall befiled in the office of the secretary of state together with any applicablefiling fees.
(b) A lien statement relating to a motor vehicle or otherproperty, title to which is evidenced by a certificate of title, shall not bevalid as to the motor vehicle or property unless the county clerk concurrentlywith the filing of the lien statement places on the certificate of title anappropriate notation showing the date, the amount of the lien and the name ofthe lien claimant. Each notation under this subsection after the first shall beaccompanied by a fee of one dollar ($1.00) paid to the county clerk. If thecounty clerk issues the certificate of title, he shall immediately endorse thesame encumbrance data on the certificate copy on file in his office. If thecertificate is issued in some other county or state the county clerk shallpromptly transmit to the state or county officer who issued the certificate oftitle the same encumbrance data. The other county officer shall promptly placethe data on the certificate copy on file in his office.
29-7-104. Termination of lien; effect thereof on claimant's right ofpossession.
(a) A lien under W.S. 29-7-101 through 29-7-106 terminates:
(i) Upon a lienor's voluntary surrender of possession of theproperty, unless a lien statement has previously been filed as provided in W.S.29-7-103;
(ii) One hundred eighty (180) days after the date upon which thework, services, materials and feed giving rise to the lien were performed orfurnished unless a lien statement has previously been filed as provided by W.S.29-7-103; and
(iii) One hundred eighty (180) days after a lien statement isfiled as provided in W.S. 29-7-103, unless action to enforce and foreclose thelien has commenced.
(b) Upon termination of a lien, the lien claimant has nofurther right to possession of the property and no further interest therein.
29-7-105. Repossession; enforcement of lien by sale; notice thereof toknown claimants; satisfaction by any claimant; title of good faith purchaser;disposition of proceeds; additional creditors' rights; liability fornoncompliance with section; "commercially reasonable".
(a) Subject to the termination of a lien as provided in W.S.29-7-104, a lienor who has surrendered possession involuntarily has the rightto repossess the property subject to the lien. In repossessing a lienor mayproceed without judicial process if this can be done without breach of thepeace. A lienor may also replevy the property or use any other judicial actionavailable.
(b) A lien arising under W.S. 29-7-101 through 29-7-106 may beenforced by public or private sale of the property en bloc or in parcels at atime or place and on terms which are commercially reasonable after mailing bycertified mail, return receipt requested, to their last known address a noticeto all persons known to claim an interest in the property. The notificationshall include:
(i) A statement of the amount due;
(ii) The nature of the proposed sale; and
(iii) The time and place of any public sale.
(c) Before any sale pursuant to this section any personclaiming a right in the property may pay the amount necessary to satisfy thelien and the reasonable expenses incurred under this section.
(d) The lien claimant may buy at any public sale pursuant tothis section.
(e) A purchaser in good faith of property sold to enforce alien under W.S. 29-7-101 through 29-7-106 takes the property free of any rightsof persons against whom the lien was valid, despite noncompliance by the lienclaimant with the requirements of this section.
(f) A lien claimant may satisfy his lien from the proceeds ofany sale pursuant to this section but shall hold the balance, if any, fordelivery on demand to the owner of the property or any person entitled thereto.The owner or any other person demanding delivery of the balance shall furnishto the lien claimant reasonable evidence of his right to take delivery.
(g) The rights provided by W.S. 29-7-101 through 29-7-106 shallbe in addition to all other rights allowed by law to a creditor against hisdebtor.
(h) A lien under W.S. 29-7-101 through 29-7-106 may also beenforced in accordance with the procedure set forth in W.S. 34.1-7-210(b).
(j) A lien claimant is liable for damages caused by failure tocomply with this section.
(k) The fact a better price could be obtained by a sale at adifferent time or in a different method from that selected by the lien claimantis not sufficient to establish a sale as not made in a commercially reasonablemanner.
29-7-106. Priority of lien.
(a) A lien pursuant to W.S. 29-7-101 through 29-7-106 except asotherwise specifically provided therein shall be prior to all other liens,encumbrances and security interests if the property claimed is in possession ofthe lien claimant.
(b) If the property is not in possession of the lien claimant,a lien under W.S. 29-7-101 through 29-7-106 shall be prior to all other liens,encumbrances and security interests, except for a subsequent lien claimant inpossession under W.S. 29-7-101 through 29-7-106 or a lien created under W.S.29-8-102 relating to liens for the production of farm products under contractsexecuted, entered into, renewed or substantively amended after July 1, 2001.
ARTICLE 2 - BREEDERS
29-7-201. Owner of male animal to have lien on female animal andoffspring.
Theowner of a male animal shall have a lien upon any female animal bred to themale and also upon any offspring begotten by the male for the sum stipulated tobe paid for the service.
29-7-202. Notice of lien to be filed; time and place; form; filing bycounty clerk; release; renewal.
(a) A notice of a breeder's lien shall within ninety (90) daysafter the date of the service be filed in the office of the secretary of state.The notice shall be in the following format:
Notice of Breeder's Lien.
TheState of Wyoming )
) ss.
Countyof .... )
I,...., being first duly sworn, upon my oath depose and say I am the lawful owner(or duly authorized agent of .... the lawful owner) of .... (description ofmale animal).
On (or between) the ....day of ...., A.D. (year) and the .... day of ...., (year), the services of themale animal were had upon the following described female animals:
The above services wererendered at the request of .... (for and on behalf of ....), the lawful owner.... of the female animals.
The fee agreed upon forthese services was .... dollars.
There is now due to ....from .... for these services, the sum of .... dollars.
Ninety (90) days havenot elapsed since the date of the services, and .... claim a breeder's lien onthe property for this amount.
Subscribed in mypresence and sworn to before me this .... day of ...., A.D. (year).
....
Notary Public.
Mycommission expires ....
(b) The secretary of state on presentation shall file thisinstrument in his office in the same manner as financing statements arerequired to be filed under the Uniform Commercial Code.
(c) All breeders' liens shall be released in the same manner asfinancing statements under the Uniform Commercial Code.
(d) If the owner of the male animal does not wish to takeadvantage of W.S. 29-7-204 he may renew the lien in the same manner in whichsecured interests are renewed pursuant to the Uniform Commercial Code.
29-7-203. Priority of liens.
Thelien herein given is prior to and shall take precedence over any lien orencumbrance given subsequent to the service unless the lien is created pursuantto W.S. 29-8-102 relating to liens for the production of farm products undercontracts executed, entered into, renewed or substantively amended after July1, 2001.
29-7-204. Possession and sale of female animal or offspring by lienclaimant.
Atany time after default of payment for services rendered and within one (1) yearafter the service, the owner of the lien may take possession of any femaleanimal or offspring upon which a lien exists in accordance with law and sell itas provided by W.S. 29-7-205.
29-7-205. Sale at auction; publication or posting of notice; contentsthereof; new notice required in case of adjournment; lien claimant maypurchase; bill of sale to be filed.
(a) A sale shall be made at public auction. The lienholdershall first give ten (10) days notice in any newspaper published in the countywhere the notice of lien is filed. If no newspaper is published in the countythe notice shall be posted for two (2) weeks in at least three (3) publicplaces in the county, one (1) of which shall be at the front door of thecourthouse. The notice shall:
(i) Describe the animal or animals to be sold;
(ii) State the amount of money claimed to be due;
(iii) State when the services were rendered; and
(iv) State the exact time and place of the sale.
(b) If for any reason it is necessary to adjourn the sale, newnotices shall be given as in the first instance required.
(c) A lien claimant is not prevented from purchasing at a salebecause of his owning the lien on the animal sold.
(d) The purchaser shall take from the person selling any femaleanimal or offspring a bill of sale which shall contain the substance of thenotice of sale, the date of sale and the consideration. The bill of sale shallbe filed in the office of the secretary of state, and shall be provided to aWyoming brand inspector upon a change of ownership inspection pursuant to W.S.11-20-203.
29-7-206. Sale at auction; offspring to be sold first; disposition ofproceeds; remedies not exclusive.
Ifa female animal and her offspring are taken under a lien, the offspring shallbe sold first. If the proceeds are sufficient to pay the expense incurred intaking possession under the lien, the filing fee and the costs of notices, thenthe female animal shall not be sold. After deducting the expense from theproceeds of any sale, the remainder of the proceeds, if any, shall be returnedto the person entitled to them. The lien herein given shall not exclude anyholder of a lien from abandoning it and recovering the amount due him by anaction at law.
29-7-207. Selling or removing encumbered property without lienholder'sconsent; penalty.
Anyowner of a female animal or offspring on which a lien exists under W.S.29-7-201 through 29-7-207 who disposes of any female animal or offspring beforethe lien expires or is satisfied or who removes the female animal or offspringwith intent to deprive a lien claimant of his lien or with intent to damage aninnocent purchaser, and does so without first having obtained the consent ofthe lienholder to the disposition is guilty of a misdemeanor. On conviction hemay be fined not more than seven hundred fifty dollars ($750.00).
ARTICLE 3 - HOUSE TRAILERS
29-7-301. Persons entitled to lien; notice and priority thereof;removal of trailer by lienor; exception; enforcement and foreclosure of lien;"house trailer".
(a) Any person leasing or renting space for a house trailersite shall have a lien on any house trailer thereon situated for unpaid leaseor rental payments and for other unpaid charges due the lessor under the termsor conditions of any lease or rental agreement. The lien shall be effectiveafter the lessee has defaulted in payments as provided in the written rental orlease agreement. Notice of the lien shall be given by the lessor by causingnotice in writing to be posted conspicuously on the mobile home. The lienprovided by this section shall have priority over all other liens except apreviously perfected security interest in the mobile home.
(b) At any time after thirty (30) days after notice is giventhe lessor may remove the house trailer from the leased or rented site andretain the lien as provided by this section. On removal, reasonable charges forthe removal and storage may be assessed against the house trailer.
(c) Notwithstanding the provisions of subsection (b) of thissection, a house trailer shall not be removed pursuant to this section if it isoccupied by the lessee. In this case the lessor has a remedy at law.
(d) The lien provided by this section may be enforced andforeclosed as security agreements are enforced under W.S. 34.1-1-101 through34.1-10-104.
(e) As used in this section "house trailer" shall bedefined as in W.S. 31-5-102(a)(xv).
