38-12-102 - Notice requirements for lien filings -- Exceptions.
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 copyof the notice of lien to the last-known address of the person against whom the notice of lien isfiled no later than 30 days after the day on which a lien claimant or the lien claimant's authorizedagent 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 AviationAdministration.
(2) The notice of lien described in Subsection (1) shall contain the followinginformation:
(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 isfiled is subject to a lien;
(ii) the amount of the judgment, settlement, or compromise if the lien is based on acharge 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-ServiceStorage Facilities;
(f) an oil, gas, or mining lien as provided in Title 38, Chapter 10, Oil, Gas, and MiningLiens;
(g) a claim against the Residence Lien Recovery Fund as provided in Title 38, Chapter11, 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 imposedby Subsections (1) and (2); or
(l) a court judgment or abstract of a court judgment presented for recording in the officeof a county recorder.
Amended by Chapter 187, 2005 General Session