33-1022. Garages; aircraft
A. Proprietors of garages and repair and service stations shall have a lien upon
motor vehicles of every kind and aircraft, and the parts and accessories placed thereon,
for labor, materials, supplies and storage for the amount of the charges, when the amount
of the charges is agreed to by the proprietor and the owner.
B. The lien shall not impair any other lien or conditional sale of record at the
time the labor, materials, supplies and storage were commenced to be furnished, unless
furnished with the knowledge and consent of the record lienor or vendor.
C. If a proprietor has a lien on an aircraft pursuant to subsection A of this
section, the proprietor who provides labor, materials, supplies and storage for aircraft
may relinquish possession of the aircraft and retain the lien by recording the lien with
the county recorder of the county in which the labor, materials, supplies or storage were
provided. The lien shall be filed with the county recorder within thirty days after
possession is relinquished. In addition, the proprietor may record the lien with the
federal aviation administration aircraft registry. A lien filed with the federal
aviation administration aircraft registry shall comply with all requirements of federal
law and shall accurately describe the aircraft, list the amount of the claim, list the
date on which the labor, materials, supplies or storage were last furnished, be signed by
the claimant showing the title of the signer, if appropriate, and be accompanied by the
recording fee.
D. A lien which is filed with a county recorder pursuant to subsection C of this
section does not bind a purchaser of the aircraft without actual notice of the lien
unless the lien has also been recorded with the federal aviation administration aircraft
registry. A lien authorized under subsection C of this section may be foreclosed only by
an action in court.
E. When an aircraft lien which has been recorded under this section has been
satisfied, the lienholder within thirty days after satisfaction shall issue a release of
the lien to the person against whom the lien was claimed and shall record the release of
that lien in the county in which the lien was recorded and with the federal aviation
administration aircraft registry, if the lien was recorded there. Failure to record a
release upon satisfaction of the lien shall subject the lienholder to the penalties
prescribed in section 33-712.
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