§ 29-7-102 — Right of possession by lien claimant; termination thereof; removal of property without lienholder's consent; penalty therefor; filing of lien statement in lieu of possession

Wyoming § 29-7-102

• Jurisdiction: Wyoming
• Title 29: Liens
• Ch. 7: PERSONAL PROPERTY
• Art. 1: IN GENERAL

Text

(a) A lien claimant may retain possession of the property
to which the lien pertains until paid for the labor, services,
materials and feed which entitle the lien claimant to assert the
lien. However, the right of possession terminates six (6) months
after the date upon which the charges become due and payable
unless the lien claimant has commenced proceedings to foreclose
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 a lien claimant any property or part thereof which is subject
to the lien created by W.S. 29-7-101 through 29-7-106 from the
place where the property was located when the lien is perfected,
without the written consent of the owner and the holder of the
lien or his agent, either originally or by transfer, the person
so removing the property affected by the lien is guilty of a
misdemeanor. On conviction he may be punished by a fine of not
more than seven hundred fifty dollars ($750.00).
(c) If a lien claimant desires to continue a lien without
retaining possession, he may before voluntarily releasing
possession file a lien statement in the office of the county
clerk of the county where the property 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's consent, he may perfect the lien by filing a lien
statement on or before thirty (30) days after possession is
terminated.
(e) For a vehicle subject to a lien under this title:
(i) Within thirty (30) days from the date payment is
due, the lien claimant shall send by certified mail, return
receipt requested, to their last known address a notice of the
intent to file, enforce and foreclose a lien to all persons
known to claim an interest in the vehicle. The notice shall
include:
(A) The information required under W.S. 29-7-
105(b);
(B) The information required under W.S. 29-1-
312(b); and
(C) The make, year, model, license plate number
and state indicator if available, and vehicle identification
number.
(ii) The duration of collectable storage fees shall
not exceed one hundred eighty (180) days from the date service
was completed unless notice of intent to file a lien was sent
pursuant to this subsection and action to enforce and foreclose
the lien has commenced;
(iii) "Vehicle" means as defined in W.S. 31-13-
101(a)(ix);
(iv) Except as otherwise provided in W.S. 31-13-
104(g), any towing and recovery service as defined by W.S. 31-
13-101(a)(xiv) shall request a title search report upon a form
prescribed by the department of transportation within five (5)
business days after a towed vehicle has remained in a recovery
lot for more than five (5) business days. Upon receipt of the
request, the department of transportation shall make reasonable
efforts to identify the owner and any lienholders of record. The
department of transportation shall forward the information
obtained to the towing and recovery service within five (5)
business days of receipt of the request for any vehicle
registered in Wyoming or within seven (7) business days of
receipt of the request for any vehicle registered in another
jurisdiction. Upon receipt of the information, the towing and
recovery service shall notify the lienholders of record of the
location of the vehicle within one (1) business day of receipt
of the information.