Current through the 2024 Budget Session
Section 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(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.Amended by Laws 2024, ch. 37,§ 1, eff. 3/7/2024.Amended by Laws 2021 , ch. 105, § 1, eff. 7/1/2021.