§ 29-1-601 — False or frivolous liens; damages; penalties

Wyoming § 29-1-601

• Jurisdiction: Wyoming
• Title 29: Liens
• Ch. 1: GENERAL PROVISIONS
• Art. 6: FALSE OR FRIVOLOUS LIENS

Text

(a) Any claim of lien against a federal, state or local
official or employee based on the performance or nonperformance
of that official's or employee's duties shall be invalid unless
accompanied by a specific order from a court of competent
jurisdiction authorizing the filing of the lien or unless a
specific statute authorizes the filing of the lien. A federal,
state or local official or employee may discharge a lien under
subsection (b) or (d) of this section.
(b) Any person whose real or personal property is subject
to a recorded claim of lien who believes the claim of lien is
invalid under subsection (a) of this section, was forged, or
that the lien claimant knew at the time of filing that the lien
was groundless, contained a material misstatement or false
claim, may petition the court having jurisdiction over the lien
of the county in which the claim of lien has been recorded for
the relief provided in this subsection. The petition shall
state the grounds upon which relief is requested, and shall be
supported by the affidavit of the petitioner or his attorney
setting forth a concise statement of the facts upon which the
motion is based. The clerk of court shall assign a case number
to the petition 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 ex parte, directing the lien claimant to appear before
the court at a time no earlier than six (6) nor later than
fifteen (15) days following the date of service of the petition,
and order the lien claimant to show cause, if any, why the
relief provided in this subsection should not be granted;
(ii) The order shall clearly state that if the lien
claimant fails to appear at the time and place noted, the claim
of lien shall be stricken and released, and that the lien
claimant shall be ordered to pay damages of at least one
thousand dollars ($1,000.00) or actual damages, whichever is
greater, and the costs incurred by the petitioner, including
reasonable attorneys' fees;
(iii) The order and petition shall be served upon the
lien claimant by personal service, or, where the court
determines that service by mail 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 the
petition and order to the lien claimant at his last known
address or any other address determined by the court to be
appropriate. Two (2) copies shall be sent, one (1) by ordinary
first class mail and the other by a form of mail or other
delivery method requiring a signed receipt showing when and to
whom it was delivered. The envelopes shall bear the return
address of the sender;
(iv) If, following a hearing on the matter the court
determines that the claim of lien is invalid under subsection
(a) of this section, was forged or that the lien claimant knew
at the time of filing that the lien was groundless or contained
a material misstatement or false claim, the court shall issue an
order striking and releasing the claim of lien and awarding
damages of one thousand dollars ($1,000.00) or actual damages,
whichever is greater, costs and reasonable attorneys' fees to
the petitioner to be paid by the lien claimant;
(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 reasonable attorneys' fees to the lien claimant to be
paid by the petitioner.
(c) Any person who offers to have recorded or filed a
forged or groundless lien in violation of this section with the
intent to threaten, harass or intimidate a public official or
employee in the performance or nonperformance of his official
duties is guilty of a misdemeanor punishable by a fine of not
more than seven hundred fifty dollars ($750.00), imprisonment
for not more than six (6) months, or both.
(d) Any federal, state or local official or employee whose
real or personal property is subject to a recorded claim of lien
who believes the claim of lien is invalid under subsection (a)
of this section may record an affidavit as affiant with the
county clerk stating that the claim of lien has been filed
against him in his individual capacity for the performance or
nonperformance of actions in his capacity as a government
official or employee. The person alleging the claim of lien was
filed in violation of subsection (a) of this section shall
provide notice of the filing of the affidavit to the lien
claimant at the address provided on the lien statement pursuant
to W.S. 29-1-312(b) by first class mail. Upon the filing of the
affidavit, the lien claimant shall have twenty (20) days to file
a petition in the district court for the county in which the
lien statement was filed stating that the claim of lien is valid
under the laws of the United States or of the state of Wyoming.
If the lien claimant fails to file the petition within the time
specified, the affiant may present a copy of the affidavit to
the district court clerk for the county in which the lien
statement was filed showing the date it was recorded and the
district court clerk shall issue a certification that no
petition has been filed in response to the affidavit. Upon
recording of a certification issued under this subsection with
the county clerk, the lien shall be null and void and of no
further force or effect. Upon the filing of the petition by the
lien claimant the following shall apply:
(i) The court may enter its order directing the lien
claimant to appear before the court at a time no earlier than
six (6) nor later than fifteen (15) days following the date of
service of the petition, and order the lien claimant to show
cause, if any, why the relief provided in this subsection should
not be granted;
(ii) The order shall clearly state that if the lien
claimant fails to appear at the time and place noted, the claim
of lien shall be stricken and released, and that the lien
claimant shall be ordered to pay damages of one thousand dollars
($1,000.00) or actual damages, whichever is greater, and the
costs incurred by the petitioner, including reasonable
attorneys' fees;
(iii) If, following a hearing on the matter the court
determines that the claim of lien is invalid under subsection
(a) of this section the court shall issue an order striking and
releasing the claim of lien and awarding damages of one thousand
dollars ($1,000.00) or actual damages, whichever is greater,
costs and reasonable attorneys' fees to the petitioner to be
paid by the lien claimant;
(iv) If the court determines that the claim of lien
is valid, the court shall issue an order so stating and shall
award costs and reasonable attorneys' fees to the lien claimant
to be paid by the affiant.