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Utah
Utah Liens for the Service to Horses and for the Care of Horses
NOTE: Utah has no liens for veterinarians, farriers or breeders.
Its agister's lien is broad enough to cover residential charges
for those services.
UTAH CODE
TITLE 38. LIENS
CHAPTER 2. MISCELLANEOUS LIENS
38-2-1 Lien on livestock --
For Every ranchman, farmer, agistor, herder of cattle, tavern
keeper or livery stable keeper to whom any domestic animals
shall be entrusted for the purpose of feeding, herding or
pasturing shall have a lien upon such animals for the amount
that may be due him for such feeding, herding or pasturing,
and is authorized to retain possession of such animals until
such amount is paid.
38-2-4 Disposal of property by lienholder -- Procedure.
(1) Any party holding a lien upon personal property as provided
in this chapter may dispose of the property in the manner
provided in Subsection(2).
(2) (a) The lienor shall give notice to the owner of the
property, to the customer as indicated on the work order,
and to all other persons claiming an interest in or lien
on it, as disclosed by the records of the Motor Vehicle
Division, lieutenant governor's office, or of corresponding
agencies of any other state in which the property appears
registered or an interest in or lien on it is evidenced
if known by the lienor.
(b) The notice shall be sent by certified mail at least
30 days before the proposed or scheduled date of any sale
and shall contain:
(i) a description of the property and its location;
(ii) the name and address of the owner of the property,
the customer as indicated on the work order, and any person
claiming an interest in or lien on the property;
(iii) the name, address, and telephone number of the lienor;
(iv) notice that the lienor claims a lien on the property
for labor and services performed and interest and storage
fees charged, if any, and the cash sum which, if paid to
the lienor, would be sufficient to redeem the property from
the lien claimed by the lienor;
(v) notice that the lien claimed by the lienor is subject
to enforcement under this section and that the property
may be sold to satisfy the lien;
(vi) the date, time, and location of any proposed or scheduled
sale of the property and whether the sale is private or
public, except that no property may be sold earlier than
45 days after completion of the repair work; and
(vii) notice that the owner of the property has a right
to recover possession of the property without instituting
judicial proceedings by posting bond.
(3) If the owner of the property is unknown or his whereabouts
cannot be determined, or if the owner or any person notified
under Subsection (2) fails to acknowledge receipt of the
notice, the lienor, at least 20 days before the proposed
or scheduled date of sale of the property, shall publish
the notice required by this section once in a newspaper
circulated in the county where the vehicle is held.
(4) A lienee may have his property released from any lien
claimed on it under this chapter by filing with the clerk
of a justice court or district court a cash or surety bond,
payable to the person claiming the lien, and conditioned
for the payment of any judgment that may be recovered on
the lien, with costs, interest, and storage fees.
(5) (a) The lienor has 60 days after receiving notice that
the lienee has filed the bond provided in Subsection (4)
to file suit to foreclose his lien.
(b) If the lienor fails to timely file an action, the clerk
of the court shall release the bond.
(6) Property subject to lien enforcement under this section
may be sold by the lienor at public or private sale; however,
in the case of a private sale, every aspect of the sale,
including the method, manner, time, place, and terms shall
be commercially reasonable.
(7) This section may not be construed to affect an owner's
right to redeem his property from the lien at any time prior
to sale by paying the amount claimed by the lienor for work
done, interest, and storage fees charged and any costs incurred
by the repair shop for using enforcement procedures under
this section.
38-2-5 Action for deficiency.
Nothing in this chapter shall take away the right of action
of the party to whom such lien is given for his charges,
or for any residue thereof, after such sale of the property.
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