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Liens | |
Notice of Lien Filing | |
Section 102 | Notice requirements for lien filings -- Exceptions. |
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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.
Amended by Chapter 187, 2005 General Session |
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