State Codes and Statutes

Statutes > Wisconsin > 779 > 779.50

779.50

779.50 Lien for threshing, husking, baling; enforcement.

779.50(1)

(1)

779.50(1)(a)

(a) Every person who threshes grain, cuts, shreds, husks or shells corn or bales hay or straw by machine for another shall have a lien upon the grain, corn, hay or straw for the value of the services to the extent that the person contracting for the services has an interest in the grain, corn, hay or straw, from the date of the commencement of the service.

779.50(1)(b)

(b) The lien given under par. (a) may be foreclosed at any time within 6 months from the date of the last charge for the services described in par. (a) as long as the charges remain unpaid. For the purpose of foreclosing the lien, the lien claimant may take possession of so much of the grain, corn, hay or straw as shall be necessary to pay for the services and the expenses of enforcing the lien, for the services, and sell the grain, corn, hay or straw at public auction. The auction shall be held upon notice of not less than 10 nor more than 15 days from the date of the seizure of the grain, corn, hay or straw under this paragraph.

779.50(2)

(2) Notice of such sale shall be given personally and by posting in at least three public places in the town where the debtor resides, and also in the town where such sale is to be made; and if such debtor is a nonresident of the state, in the town where such grain, corn, hay or straw, or some part thereof, was threshed, cut, husked, shelled or baled, and apply the proceeds of such sale to the payment of such service, together with the expenses of such seizure and sale, returning the residue to the party entitled thereto.

779.50(3)

(3) The lien created by this section shall be preferred to all other liens and encumbrances, but does not apply to an innocent purchaser for value unless such lien is recorded in the office of the register of deeds of the county where the services were performed within 15 days from the date of the completion of such service.

779.50(4)

(4) The costs and expenses of seizure and sale under this section shall be as follows:

779.50(4)(a)

(a) For seizing grain, corn, hay or straw, 50 cents.

779.50(4)(b)

(b) For posting each notice, 12 cents.

779.50(4)(c)

(c) For serving each notice of sale, 25 cents.

779.50(4)(d)

(d) For every copy of a notice of sale delivered on request, 12 cents.

779.50(4)(e)

(e) For each mile actually traveled, going and returning to serve any notice; or to give or post notices of sale, 10 cents.

779.50(4)(f)

(f) For conducting the sale of the grain, corn, hay or straw, 50 cents.

779.50(4)(g)

(g) For collecting and paying over all sums upon the sale, 5 percent of the sums collected or $10, whichever is less.

779.50(4)(h)

(h) All necessary expenses incurred in taking possession of and preserving any grain, corn, hay or straw.

779.50 - ANNOT.

History: 1979 c. 32 s. 57; 1979 c. 176; Stats. 1979 s. 779.50; 1993 a. 301; 1997 a. 254; 2007 a. 96.