Code-Co's Internet Access to Utah Law: http://www.code-co.com
[Utah Code Table of Contents]
[TITLE 38. Table of Contents]
38-12-101 Definitions.
For purposes of this chapter:
(1) "Lien" means:
(a) failure to pay moneys owed for property, services, or a notice of interest, a judgment, or any other encumbrance on the title, that becomes a charge against or interest in:
(i) real property, a building, a structure, or an improvement including any franchise, privilege, appurtenance, machinery, or fixture pertaining to or used in connection with any real property, building, structure, or improvement;
(ii) personal property; or
(iii) a judgment, settlement, or compromise; or
(b) a tax as provided in Section 59-1-302.1 , 59-5-108 , 59-5-208 , 59-11-110 , or 59-12-112 .
(2) "Lien" does not mean a charge against or interest in, for failure to pay moneys owed for property, services, or a judgment, any:
(a) bank account;
(b) pension; or
(c) garnishment.
1998
38-12-102 Notice requirements for lien filings - Exceptions.
(1) A lien claimant or the lien claimant's agent shall send by certified mail a written copy of the notice of lien to the last-known address of the person against whom the notice of lien is filed no later than 30 days after the day on which a lien claimant or the lien claimant's authorized agent files a notice of lien meeting the requirements of Subsection (2):
(a) for recordation with:
(i) a county recorder;
(ii) a county clerk; or
(iii) a clerk of the court; or
(b) in the case of a lien on an aircraft under Section 38-13-201 , with the Federal Aviation Administration.
(2) The notice of lien described in Subsection (1) shall contain the following information:
(a) the name and address of the person against whom the lien is filed;
(b) (i) a statement that certain property owned by the person against whom the lien is filed is subject to a lien;
(ii) the amount of the judgment, settlement, or compromise if the lien is based on a charge against or interest in a judgment, settlement, or compromise; or
(iii) the amount of state taxes owed;
(c) the article number contained on the certified mail receipt;
(d) the date the notice of lien was filed; and
(e) the name and address of the lien claimant.
(3) The notice requirements of Subsections (1) and (2) do not apply to:
(a) a mechanics' lien as provided in Title 38, Chapter 1, Mechanics' Liens;
(b) a lessors' lien as provided in Title 38, Chapter 3, Lessors' Liens;
(c) a federal tax lien as provided in Title 38, Chapter 6, Federal Tax Liens;
(d) a hospital lien as provided in Title 38, Chapter 7, Hospital Lien Law;
(e) a self-service storage facilities lien as provided in Title 38, Chapter 8, Self-Service Storage Facilities;
(f) an oil, gas, or mining lien as provided in Title 38, Chapter 10, Oil, Gas, and Mining Liens;
(g) a claim against the Residence Lien Recovery Fund as provided in Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act;
(h) a trust deed;
(i) a mortgage;
(j) any interests subject to a security agreement as defined in Section 70A-9a-102 ;
(k) any other liens subject to the same or stricter notice requirements than those imposed by Subsections (1) and (2); or
(l) a court judgment or abstract of a court judgment presented
for recording in the office of a county recorder.
2005
38-12-103 Failure to notify - Effect - Penalty.
(1) (a) A person who fails to meet the notice requirements of Subsections 38-12-102 (1) and (2) is precluded from receiving an award of costs and attorneys' fees from the person against whom a notice of lien has been filed in an action to enforce the lien if costs and attorneys' fees are authorized by contract or statute.
(b) Subsection (1)(a) does not create a right to costs and attorneys' fees.
(2) In addition to the penalties provided in Subsection (1)(a), a lien claimant who, within 20 days from the date of receiving notice of noncompliance with the notice requirements of Subsection 38-12-102 (1) or (2), willfully refuses to release the notice of lien or record the lien in compliance with Section 38-12-102 is liable to the person against whom the notice of lien was filed for $1,000 or for treble damages, whichever is greater.
(3) Failure to meet the notice requirements of Subsections 38-12-102 (1) and (2) does not:
(a) invalidate any lien arising at common law or in equity or by any statute of this state; or
(b) affect the rules of priority provided in Title 70A,
Chapter 9a, Uniform Commercial Code - Secured Transactions.
2000
38-12-104 Independent grounds for imposing a lien not created.
The provisions of this chapter do not create independent
grounds for imposing a lien.
1995
