reglab/statecodes huggingface dataset:
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 3 - Provisions Applicable to Preconstruction Liens and Construction Liens › Section 301 - Those entitled to lien -- What may be attached.

Effective 5/4/2022
38-1a-301.
Those entitled to lien -- What may be attached.
(1) Except as provided in Section 38-11-107, a person who provides preconstruction service or construction work on or for a project property has a lien on the project property for the reasonable value of the preconstruction service or construction work, respectively, as provided in this chapter.
(2) A person may claim a preconstruction lien and a separate construction lien on the same project property.
(3)
(a) A construction lien may include an amount claimed for a preconstruction service.
(b) A preconstruction lien may not include an amount claimed for construction work.
(4)
(a) A preconstruction or construction lien attaches only to the interest that the owner has in the project property that is the subject of the lien.
(b) If an owner possesses an interest in the project property that is less than fee simple, a preconstruction or construction lien attaches only to the lesser interest of the owner and does not attach to the fee simple interest.
(c) Notwithstanding Subsection (4)(b), a preconstruction or construction lien may attach to the fee simple interest in the project property, if the person who provides preconstruction service or construction work can demonstrate that the preconstruction service or construction work:
(i) was authorized by the person possessing the fee simple interest in the project property; and
(ii) provides a substantial benefit to the person who owns the fee simple interest beyond the time period of the lesser interest possessed by the owner.
Amended by Chapter 429, 2022 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 3 - Provisions Applicable to Preconstruction Liens and Construction Liens › Section 302 - Land covered by lien -- Multiple lots occupied by improvement -- What a lien attaches to.

38-1a-302.
Land covered by lien -- Multiple lots occupied by improvement -- What a lien attaches to.
(1) A preconstruction or construction lien extends to and covers as much of the land on which the improvement is made as necessary for the convenient use and occupation of the land.
(2) If an improvement occupies two or more lots or other subdivisions of land, the lots or subdivisions are considered as one for the purposes of this chapter.
(3) A preconstruction or construction lien attaches to all franchises, privileges, appurtenances, machinery, and fixtures pertaining to or used in connection with the improvement.
Renumbered and Amended by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 3 - Provisions Applicable to Preconstruction Liens and Construction Liens › Section 303 - Limits on attachment, garnishment, and execution levy -- Subcontractor lien not affected by payments, debts, offsets, and counterclaims involving other parties.

38-1a-303.
Limits on attachment, garnishment, and execution levy -- Subcontractor lien not affected by payments, debts, offsets, and counterclaims involving other parties.
(1) An assignment, attachment, or garnishment of or encumbrance or execution levy on money that an owner owes to an original contractor is not valid as against a subcontractor's preconstruction or construction lien.
(2) An assignment, attachment, or garnishment of or encumbrance or execution levy on money that an original contractor owes to a subcontractor is not valid as against a lien of a laborer employed by the day or piece.
(3) The preconstruction or construction lien of a subcontractor may not be diminished, impaired, or otherwise affected by:
(a) a payment, whether in cash or in-kind, to the original contractor or another subcontractor;
(b) a debt owed by the original contractor to the owner;
(c) a debt owed by another subcontractor to the original contractor or to a third subcontractor; or
(d) an offset or counterclaim in favor of the owner against the original contractor, or in favor of the original contractor against another subcontractor, or in favor of another subcontractor against a third subcontractor.
Enacted by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 3 - Provisions Applicable to Preconstruction Liens and Construction Liens › Section 304 - Liens on multiple properties in one claim.

38-1a-304.
Liens on multiple properties in one claim.
(1) A claimant may claim a preconstruction or construction lien against two or more improvements owned by the same person.
(2) If a claimant claims a preconstruction or construction lien against two or more improvements owned by the same person, the claimant shall designate the amount claimed to be due on each of the improvements.
Renumbered and Amended by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 3 - Provisions Applicable to Preconstruction Liens and Construction Liens › Section 305 - Payments applied first to preconstruction lien.

38-1a-305.
Payments applied first to preconstruction lien.
Unless an agreement waiving or limiting a right under a preconstruction or construction lien expressly provides that a payment is required to be applied to a specific lien, mortgage, or encumbrance, a payment to a person claiming both a preconstruction lien and a construction lien shall be applied first to the preconstruction lien until paid in full.
Enacted by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 3 - Provisions Applicable to Preconstruction Liens and Construction Liens › Section 306 - Substantial compliance.

38-1a-306.
Substantial compliance.
(1) Substantial compliance with the requirements of this chapter is sufficient to claim, as applicable, a preconstruction lien or a construction lien.
(2) Subsection (1) may not be construed to excuse compliance with or affect the requirement to file:
(a) a notice of preconstruction service as provided in Section 38-1a-401 in order to claim a preconstruction lien; or
(b) a preliminary notice as provided in Section 38-1a-501 in order to claim a construction lien.
Amended by Chapter 464, 2013 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 3 - Provisions Applicable to Preconstruction Liens and Construction Liens › Section 307 - Contesting certain notices.

38-1a-307.
Contesting certain notices.
(1) A contesting person who believes that a contestable notice lacks proper basis and is therefore invalid may request from the person who filed the notice evidence establishing the validity of the notice.
(2) Within 10 days after receiving a request under Subsection (1), the person who filed the contestable notice shall provide the requesting person evidence that the notice is valid.
(3) If the person who filed the notice does not provide timely evidence of the validity of the contestable notice, the person who filed the notice shall immediately cancel the notice from the registry in the manner prescribed by the division by rule.
Enacted by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 3 - Provisions Applicable to Preconstruction Liens and Construction Liens › Section 309 - Interest rate -- Preconstruction service or construction contract -- Lien.

Effective 5/9/2017
38-1a-309.
Interest rate -- Preconstruction service or construction contract -- Lien.
(1) Subject to Subsection (2), the interest rate that applies to a lawful contract for preconstruction service or construction work on or for a project property, or to a lien claimed under this chapter against the project property, is, unless otherwise provided in the lawful contract, the rate described in Subsection 15-1-1(2).
(2) If a person that claims a lien against project property under this chapter is not in privity of contract with the owner or owner-builder, the interest rate that applies to the person's lien may not exceed the rate described in Subsection 15-1-1(2).
Amended by Chapter 373, 2017 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 4 - Preconstruction Lien Provisions › Section 403 - Effective time and priority of preconstruction lien -- Subordination to bona fide loan.

38-1a-403.
Effective time and priority of preconstruction lien -- Subordination to bona fide loan.
(1) Except as otherwise provided in this chapter, a preconstruction lien:
(a) relates back to and takes effect as of the time of filing of the earliest timely filed notice of preconstruction service under Section 38-1a-401 for the anticipated improvement for which the preconstruction lien is claimed; and
(b) has priority over:
(i) any lien, mortgage, or other encumbrance that attaches after the earliest timely filed notice of preconstruction service is filed; and
(ii) any lien, mortgage, or other encumbrance of which the claimant had no notice and that was unrecorded at the time the earliest timely filed notice of preconstruction service is filed.
(2) A preconstruction lien is subordinate to an interest securing a bona fide loan if and to the extent that the lien covers preconstruction service provided after the interest securing a bona fide loan is recorded.
Amended by Chapter 464, 2013 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 4 - Preconstruction Lien Provisions › Section 404 - When preconstruction service considered complete.

38-1a-404.
When preconstruction service considered complete.
Preconstruction service is considered complete for any project, project phase, or bid package as of the date that construction work for that project, project phase, or bid package, respectively, commences.
Enacted by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 4 - Preconstruction Lien Provisions › Section 405 - Preconstruction liens on equal footing.

38-1a-405.
Preconstruction liens on equal footing.
(1) Each preconstruction lien on a project property is on equal footing with every other preconstruction lien on the project property, regardless of:
(a) when the claimant submitted the claimant's notice of preconstruction service for recording;
(b) when the claimant submitted the claimant's notice of preconstruction lien for recording; or
(c) when the preconstruction service related to the lien occurs.
(2) Subsection (1) does not affect the priority of a construction lender's mortgage or trust deed, as established under this chapter.
Enacted by Chapter 464, 2013 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 5 - Construction Lien Provisions › Section 503 - Relation back and priority of liens.

Effective 5/13/2014
38-1a-503.
Relation back and priority of liens.
(1) A construction lien relates back to, and takes effect as of, the time of the first preliminary notice filing.
(2)
(a) Subject to Subsection (2)(b), a construction lien has priority over:
(i) any lien, mortgage, or other encumbrance that attaches after the first preliminary notice filing; and
(ii) any lien, mortgage, or other encumbrance of which the claimant had no notice and which was unrecorded at the time of the first preliminary notice filing.
(b) A recorded mortgage or trust deed that secures a construction loan attaches immediately before the first preliminary notice filing for the construction project if each claimant that has a preliminary notice on file on the construction project before the mortgage or trust deed was recorded receives full payment for all construction work the claimant performed before the mortgage or trust deed was recorded, regardless of whether the claimant receives full payment before or after the day on which the mortgage or trust deed is recorded.
Amended by Chapter 293, 2014 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 5 - Construction Lien Provisions › Section 504 - Construction liens on equal footing.

38-1a-504.
Construction liens on equal footing.
(1) Construction liens on a project property are on an equal footing with one another, regardless of when the notices of construction lien relating to the construction liens are submitted for recording and regardless of when construction work for which the liens are claimed is provided.
(2) Subsection (1) relates to the relationship between claimants' construction liens and does not affect the priority of a construction lender's mortgage or trust deed, as established under this chapter.
Enacted by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 5 - Construction Lien Provisions › Section 505 - Materials for a construction project not subject to process -- Exception.

38-1a-505.
Materials for a construction project not subject to process -- Exception.
(1) Materials provided for use in a construction project are not subject to attachment, execution, or other legal process to enforce a debt owed by the purchaser of the materials, if the materials are in good faith about to be applied to the construction, alteration, or repair of an improvement that is the subject of the construction project.
(2) Subsection (1) does not apply to an attachment, execution, or other legal process to enforce a debt incurred to purchase the materials described in Subsection (1).
Enacted by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 5 - Construction Lien Provisions › Section 507 - Notice of completion.

38-1a-507.
Notice of completion.
(1)
(a) Upon final completion of a construction project, a notice of completion may be filed with the registry by:
(i) an owner;
(ii) an original contractor for construction work;
(iii) a lender that has provided financing for the construction project;
(iv) a surety that has provided bonding for the construction project; or
(v) a title company issuing a title insurance policy on the construction project.
(b) A notice of completion shall include:
(i) the name, address, telephone number, and email address of the person filing the notice of completion;
(ii) the name of the county in which the project property is located;
(iii) for a private project:
(A) the tax parcel identification number of each parcel included in the project property;
(B) the entry number of a preliminary notice on the same project that includes the tax parcel identification number of each parcel included in the project property; or
(C) the entry number of the building permit issued for the project;
(iv) for a government project, the government project-identifying information;
(v) the date on which final completion is alleged to have occurred; and
(vi) the method used to determine final completion.
(2) A person filing a notice of completion by alternate means is responsible for verifying and changing any incorrect information in the notice of completion before the expiration of the time period during which the notice is required to be filed.
Renumbered and Amended by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 6 - Construction Loans › Section 601 - Notice of construction loan.

38-1a-601.
Notice of construction loan.
(1) After recording a mortgage or trust deed securing a construction loan on a private project, the construction lender on the loan shall promptly, in conjunction with the closing of the construction loan, file with the registry a notice of construction loan.
(2) A notice under Subsection (1) shall accurately state:
(a) the lender's name, address, and telephone number;
(b) the name of the trustor on the trust deed securing the loan;
(c) the tax parcel identification number of each parcel included or to be included in the construction project for which the loan was given;
(d) the address of the project property; and
(e) the name of the county in which the project property is located.
(3) A construction lender that files a notice of construction loan containing incomplete or inaccurate information may not be held liable for damages suffered by any other person who relies on the inaccurate or incomplete information in filing a preliminary notice.
Renumbered and Amended by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 6 - Construction Loans › Section 602 - Notice concerning construction loan default.

38-1a-602.
Notice concerning construction loan default.
(1) Within five business days after a notice of default is filed for recording under Section 57-1-24 with respect to a trust deed on the project property securing a construction loan, the construction lender under the loan shall file a notice with the registry.
(2) A notice under Subsection (1) shall:
(a) include:
(i) the information required to be included in a notice of construction loan under Subsection 38-1a-601(2); and
(ii) the entry number of the notice of construction loan;
(b) state that a notice of default with respect to the construction loan has been recorded; and
(c) state the date that the notice of default was recorded.
Renumbered and Amended by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 6 - Construction Loans › Section 603 - Notice of intent to finance.

Effective 1/1/2020
38-1a-603.
Notice of intent to finance.
(1) An owner may file with the registry a notice of intent to finance.
(2) A notice of intent to finance under Subsection (1) shall state:
(a) the anticipated date on which financing will occur;
(b) the anticipated lender's name, address, and telephone number;
(c) the name of the trustor on the trust deed securing the anticipated loan;
(d) the tax parcel identification number of each parcel included in the project property; and
(e) the name of the county in which the project property is located.
(3) If an owner chooses to file a notice of intent to finance, the owner shall file the notice of intent to finance no less than 14 days before the date on which the financing is anticipated to occur.
(4) If the financing does not occur within 30 days after the anticipated date specified in the notice of intent to finance, the notice of intent to finance shall automatically have no effect and shall be removed from the registry.
Enacted by Chapter 250, 2019 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 6 - Construction Loans › Section 604 - Notice of final lien waiver.

Effective 1/1/2020
38-1a-604.
Notice of final lien waiver.
(1) After a notice of intent to finance is filed under Section 38-1a-603 on a project property, each subcontractor that has filed a preliminary notice pertaining to the project property may file with the registry a final lien waiver.
(2) The final lien waiver described in Subsection (1) may be filed on the registry even if no notice of intent to finance was filed on the registry.
Enacted by Chapter 250, 2019 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 7 - Enforcement of Preconstruction and Construction Liens › Section 702 - Parties -- Consolidation of separate actions.

38-1a-702.
Parties -- Consolidation of separate actions.
(1) In an action under this part, subject to the time restrictions under Subsection 38-1a-701(2):
(a) a claimant who is not contesting the claim of another claimant may join as a plaintiff;
(b) a claimant who fails or refuses to become a plaintiff may be made a defendant; and
(c) a claimant who is not made a party may intervene at any time before the final hearing.
(2) If separate actions are commenced under this part to enforce preconstruction or construction liens on the same property, the court may consolidate the actions and make all claimants parties to the consolidated action.
Enacted by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 7 - Enforcement of Preconstruction and Construction Liens › Section 703 - Order of satisfaction if multiple liens on same property.

38-1a-703.
Order of satisfaction if multiple liens on same property.
If liens are claimed against the same property the decree shall provide for their satisfaction in the following order:
(1) subcontractors who are laborers or mechanics working by the day or piece, but who have not furnished materials;
(2) all other subcontractors and all materialmen; and
(3) original contractors.
Renumbered and Amended by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 7 - Enforcement of Preconstruction and Construction Liens › Section 704 - Sale of property -- Redemption -- Disposition of proceeds.

38-1a-704.
Sale of property -- Redemption -- Disposition of proceeds.
(1) The court shall cause the property to be sold in satisfaction of the liens and costs as in the case of a foreclosure of a mortgage, subject to the same right of redemption.
(2) If the proceeds of sale after the payment of costs are not sufficient to satisfy the whole amount of liens included in the decree, then the proceeds shall be paid in the order designated in Section 38-1a-703, and pro rata to the persons claiming in each class if the sum realized is insufficient to pay the persons of the class in full.
(3) Any excess sale proceeds remaining after the payment of all liens and costs shall be paid to the owner.
Renumbered and Amended by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 7 - Enforcement of Preconstruction and Construction Liens › Section 705 - Deficiency judgment.

38-1a-705.
Deficiency judgment.
A claimant whose preconstruction or construction lien is not paid in full through an enforcement action as provided in this part may:
(1) have judgment for the unpaid balance entered against the person liable; and
(2) execute on the judgment in the same manner as execution on judgments generally.
Enacted by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 7 - Enforcement of Preconstruction and Construction Liens › Section 706 - Apportionment of costs -- Costs and attorney fees to subcontractor.

38-1a-706.
Apportionment of costs -- Costs and attorney fees to subcontractor.
(1) Except as provided in Section 38-11-107, the court shall apportion costs between the owner and original contractor according to the right of the case.
(2) The court shall award a subcontractor with a valid preconstruction or construction lien:
(a) all of the subcontractor's costs, including the costs of preparing and recording the notice of preconstruction or construction lien; and
(b) the subcontractor's reasonable attorney fees incurred in preparing and recording the notice of preconstruction or construction lien.
Enacted by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 7 - Enforcement of Preconstruction and Construction Liens › Section 707 - Attorney fees -- Offer of judgment.

38-1a-707.
Attorney fees -- Offer of judgment.
(1) Except as provided in Section 38-11-107 and in Subsection (2), in any action brought to enforce any lien under this chapter the successful party shall be entitled to recover reasonable attorney fees, to be fixed by the court, which shall be taxed as costs in the action.
(2) A person who files a wrongful lien as provided in Section 38-1a-308 may not recover attorney fees under Subsection (1).
(3)
(a) A person against whom an action is brought to enforce a preconstruction or construction lien may make an offer of judgment pursuant to Rule 68 of the Utah Rules of Civil Procedure.
(b) If the offer is not accepted and the judgment finally obtained by the offeree is not more favorable than the offer, the offeree shall pay the costs and attorney fees incurred by the offeror after the offer was made.
Renumbered and Amended by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 8 - Actions Affecting Preconstruction and Construction Liens › Section 801 - Preconstruction and construction liens assignable -- Action by assignee to enforce lien.

38-1a-801.
Preconstruction and construction liens assignable -- Action by assignee to enforce lien.
(1) A preconstruction lien or construction lien is assignable as any other chose in action.
(2) An assignee of a preconstruction lien or construction lien may, in the assignee's own name, commence and prosecute an action on the lien as provided in Part 7, Enforcement of Preconstruction and Construction Liens.
Enacted by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 8 - Actions Affecting Preconstruction and Construction Liens › Section 803 - Cancellation of preconstruction or construction lien -- Penalty for failure to cancel timely.

38-1a-803.
Cancellation of preconstruction or construction lien -- Penalty for failure to cancel timely.
(1) After the full amount owing under a preconstruction or construction lien, including costs and cancellation fees, has been paid, a person interested in the property that is the subject of the lien may request the claimant to submit for recording with the office of each applicable county recorder a cancellation of the lien.
(2) Within 10 days after receiving a request under Subsection (1), the claimant shall submit to the office of each applicable county recorder a cancellation of the preconstruction or construction lien, as applicable.
(3) A claimant who fails to submit a cancellation within the time prescribed in Subsection (2) is liable to the person who requested the cancellation for $100 for each day after the time prescribed in Subsection (2) that the cancellation is not submitted, or the person's actual damages, whichever is greater.
Enacted by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1b - Government Construction Projects › Part 1 - General Provisions › Section 102 - Definitions.

Effective 2/27/2023
38-1b-102.
Definitions.
As used in this chapter:
(1) "Alternate means" means the same as that term is defined in Section 38-1a-102.
(2) "Construction project" means the same as that term is defined in Section 38-1a-102.
(3) "Construction work" means the same as that term is defined in Section 38-1a-102.
(4) "Designated agent" means the same as that term is defined in Section 38-1a-102.
(5) "Division" means the Division of Professional Licensing created in Section 58-1-103.
(6) "Government project" means a construction project undertaken by or for:
(a) the state, including a department, division, or other agency of the state; or
(b) a county, city, town, school district, special district, special service district, community reinvestment agency, or other political subdivision of the state.
(7) "Government project-identifying information" means:
(a) the lot or parcel number of each lot included in the project property that has a lot or parcel number; or
(b) the unique project number assigned by the designated agent.
(8) "Original contractor" means the same as that term is defined in Section 38-1a-102.
(9) "Owner" means the same as that term is defined in Section 38-1a-102.
(10) "Owner-builder" means the same as that term is defined in Section 38-1a-102.
(11) "Private project" means a construction project that is not a government project.
(12) "Project property" means the same as that term is defined in Section 38-1a-102.
(13) "Registry" means the same as that term is defined in Section 38-1a-102.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1b - Government Construction Projects › Part 2 - Notices Relating to Government Projects › Section 203 - Notice of intent to obtain final completion and notice of completion.

38-1b-203.
Notice of intent to obtain final completion and notice of completion.
Sections 38-1a-506 and 38-1a-507 apply to a government project to the same extent as those sections apply to a construction project that is subject to Chapter 1a, Preconstruction and Construction Liens.
Enacted by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 2 - Miscellaneous Liens › Section 1 - Lien on livestock -- For feed and care.

38-2-1.
Lien on livestock -- For feed and care.
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.
No Change Since 1953
2023 Utah Code › Title 38 - Liens › Chapter 2 - Miscellaneous Liens › Section 2 - Liens of hotels and boardinghouse keepers.

38-2-2.
Liens of hotels and boardinghouse keepers.
Every innkeeper, hotel keeper, boardinghouse or lodginghouse keeper shall have a lien on the baggage and other property in and about such inn belonging to or under control of his guests or boarders for the proper charges due him for their accommodation, board and lodging, for money paid for or advanced to them, and for such other extras as are furnished at their request. The innkeeper, hotel keeper, boardinghouse or lodginghouse keeper may detain such baggage and other property until the amount of such charge is paid, and the baggage and other property shall not be exempt from attachment or execution until the hotel or boardinghouse keeper's lien and the costs of enforcing it are satisfied.
Amended by Chapter 61, 1953 Special Session C
2023 Utah Code › Title 38 - Liens › Chapter 2 - Miscellaneous Liens › Section 3 - Repairman's lien on personal property -- Lien subject to rights of secured parties.

38-2-3.
Repairman's lien on personal property -- Lien subject to rights of secured parties.
Every person who shall make, alter or repair, or bestow labor upon, any article of personal property at the request of the owner or other person entitled to possession thereof shall have a lien upon such article for the reasonable value of the labor performed and materials furnished and used in making such article or in altering or repairing the same, and may retain possession thereof until the amount so due is paid; provided such lien and right to possession shall be subject and subordinate to the rights and interests of any secured parties in such personal property unless such secured party has requested such person to make, alter or repair or bestow labor upon such property.
Amended by Chapter 272, 1977 General Session
2023 Utah Code › Title 38 - Liens › Chapter 2 - Miscellaneous Liens › Section 3.1 - Special lien on personal property for services rendered -- General lien of dry cleaning establishments, laundries, and shoe repair shops.

38-2-3.1.
Special lien on personal property for services rendered -- General lien of dry cleaning establishments, laundries, and shoe repair shops.
Every person who, while lawfully in possession of an article of personal property, renders any service to the owner or owners thereof, by labor or skill performed upon said personal property at the request or order of said owner, has a special lien thereon, dependent on possession, for the compensation, if any, which is due to him from the owner or owners for such service; and every laundry proprietor, person conducting a laundry business, dry cleaning establishment, proprietor and person conducting a dry cleaning establishment, shoe repair establishment proprietor and person conducting a shoe repair establishment has a general lien, dependent on possession, upon all personal property in his hands belonging to a customer, for the balance due him from such customer for laundry work, and for the balance due him for dry cleaning work, and for the balance due him for shoe repair work; but nothing in this section shall be construed to confer a lien in favor of a wholesale dry cleaner on materials received from a dry cleaning establishment proprietor or a person conducting a dry cleaning establishment. The terms "person" and "proprietor" as used in this section shall include an individual, firm, partnership, association, corporation and company.
Enacted by Chapter 62, 1953 Special Session C
2023 Utah Code › Title 38 - Liens › Chapter 2 - Miscellaneous Liens › Section 6 - Mold liens.

38-2-6.
Mold liens.
Title 13, Chapter 31, Mold Retention and Lien Act, governs liens on molds in the possession of a molder as those terms are defined in Section 13-31-102.
Enacted by Chapter 349, 1998 General Session
2023 Utah Code › Title 38 - Liens › Chapter 3 - Lessors' Liens › Section 1 - Lien for rent due.

38-3-1.
Lien for rent due.
Except as hereinafter provided, lessors shall have a lien for rent due upon all nonexempt property of the lessee brought or kept upon the leased premises so long as the lessee shall occupy said premises and for 30 days thereafter.
No Change Since 1953
2023 Utah Code › Title 38 - Liens › Chapter 3 - Lessors' Liens › Section 2 - Preference of lessor's lien over other liens and claims -- Exceptions -- Limit.

38-3-2.
Preference of lessor's lien over other liens and claims -- Exceptions -- Limit.
(1) A lien under this chapter has preference over all other liens or claims except:
(a) claims for taxes;
(b) preconstruction or construction liens under Title 38, Chapter 1a, Preconstruction and Construction Liens;
(c) perfected security interests; and
(d) claims of employees for wages which are preferred by law.
(2) If a lessee is adjudicated as bankrupt or makes an assignment for the benefit of creditors, or if the lessee's property is put into the possession of a receiver, a lien under this chapter is limited to the rent for 90 days before the adjudication, assignment, or receivership.
Amended by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 3 - Lessors' Liens › Section 3 - Attachment in aid of lien.

38-3-3.
Attachment in aid of lien.
Whenever any rent shall be due and unpaid under a lease, or the lessee shall be about to remove his property from the leased premises, the lessor may have the personal property of the lessee which is upon the leased premises and subject to such lien attached without other ground for such attachment.
No Change Since 1953
2023 Utah Code › Title 38 - Liens › Chapter 3 - Lessors' Liens › Section 4 - Attachment -- Affidavit and bond.

38-3-4.
Attachment -- Affidavit and bond.
The lessor shall before the issue of such writ of attachment file a complaint, and an affidavit duly sworn to setting forth the amount of rent due over and above all offsets and counterclaims and a brief description of the leased premises, and shall further state, under oath that such writ of attachment is not sued out for the purpose of vexing or harassing the lessee; and the person applying for such writ of attachment shall execute and file a bond as in other cases of attachment.
No Change Since 1953
2023 Utah Code › Title 38 - Liens › Chapter 3 - Lessors' Liens › Section 5 - When attachment will issue -- Determination of priorities.

38-3-5.
When attachment will issue -- Determination of priorities.
Upon the filing of such complaint, affidavit and bond it shall be the duty of the court wherein the same are filed to issue a writ of attachment to the proper officer, commanding him to seize the property of the defendant subject to such lien, or so much thereof as will satisfy the demand, and to make a determination of the priorities of the claims, liens, and security interests in such property.
Amended by Chapter 272, 1977 General Session
2023 Utah Code › Title 38 - Liens › Chapter 3 - Lessors' Liens › Section 6 - Execution of writ of attachment.

38-3-6.
Execution of writ of attachment.
It shall be the duty of the officer to whom the writ of attachment is directed to seize the property of such lessee subject to such lien, or as much thereof as shall be necessary to satisfy such debt and costs, and to keep the same until the determination of the action, unless the property is sooner released by bond or the attachment is discharged.
No Change Since 1953
2023 Utah Code › Title 38 - Liens › Chapter 4 - Common Carriers' Liens › Section 4 - Unclaimed shipments -- Delivery to warehouseman.

38-4-4.
Unclaimed shipments -- Delivery to warehouseman.
Whenever any railroad company or other common carrier, except an express company, shall have transported any baggage or freight to the place of consignment within this state, and the owner, consignee or person entitled to receive the same shall omit, for the period of 60 days after the arrival of the baggage or freight at the place of consignment, to accept and remove the same and pay the charges thereon, it shall be lawful for such carrier to deliver such freight for storage to some person or company conducting the business of storing goods, subject to the charges thereon for transportation, storage by the carrier and conveyance and drayage to the place of storage, accompanied by a copy of the bill of lading in case of freight, or, in case of baggage, by a statement of the place from which, and the place to which, such baggage was transported, together with the check numbers; and any carrier whose route reaches into this state may collect and store as aforesaid at any station in this state the unclaimed freight from all or any points or stations on its line within this state.
No Change Since 1953
2023 Utah Code › Title 38 - Liens › Chapter 5 - Judgment Lien - United States Courts › Section 1 - Filing with clerk of district court -- Recording with county recorder -- Effect.

38-5-1.
Filing with clerk of district court -- Recording with county recorder -- Effect.
(1)
(a) A person may file in the office of the clerk of a state district court a transcript of a judgment or decree rendered in the district court of the United States within the state.
(b) A decree or judgment filed in accordance with Subsection (1)(a) has the same force and effect as a judgment rendered in a state district court.
(2) Except as provided in Subsection (3), if a person records a judgment or an abstract of judgment or decree under Subsection (1) in the office of the county recorder, that judgment or decree becomes a lien in accordance with Section 78B-5-202.
(3) A state agency is exempt from the recording requirement of Subsection (2).
(4)
(a) To release, assign, renew, or extend a lien created by a judgment recorded in the office of a county recorder, a person shall, in the office of the county recorder of each county in which an instrument creating the lien is recorded, record a document releasing, assigning, renewing, or extending the lien.
(b) The document described in Subsection (4)(a) shall include:
(i) the date of the release, assignment, renewal, or extension;
(ii) the name of any judgment creditor, debtor, assignor, or assignee; and
(iii) for the county in which the document is recorded in accordance with Subsection (4)(a):
(A) the date on which the instrument creating the lien was recorded in that county's office of the county recorder; and
(B) in accordance with Section 57-3-106, that county recorder's entry number and book and page of the recorded instrument creating the judgment lien.
Amended by Chapter 88, 2011 General Session
2023 Utah Code › Title 38 - Liens › Chapter 5 - Judgment Lien - United States Courts › Section 2 - Judicial lien against water rights and related assets of a mutual benefit corporation.

38-5-2.
Judicial lien against water rights and related assets of a mutual benefit corporation.
(1) As used in this section:
(a) "Judicial lien" is defined in Section 16-6a-119.
(b) "Mutual benefit corporation" is defined in Section 16-6a-102.
(c) "Water rights and related assets" is defined in Section 16-6a-119.
(2) A judicial lien recorded on or after May 12, 2009 against the water rights and related assets of a mutual benefit corporation is subject to Section 16-6a-119.
Enacted by Chapter 37, 2009 General Session
2023 Utah Code › Title 38 - Liens › Chapter 6 - Federal Tax Liens › Section 1 - Notice by recording with county recorder.

38-6-1.
Notice by recording with county recorder.
Notices of liens for taxes payable to the United States of America, other federal liens created under acts of Congress or regulations adopted pursuant to those acts, and certificates discharging those liens, shall be recorded in the office of the county recorder of the county within which any property subject to the lien is situated.
Amended by Chapter 168, 1997 General Session
2023 Utah Code › Title 38 - Liens › Chapter 6 - Federal Tax Liens › Section 2 - Recorder's duties.

38-6-2.
Recorder's duties.
When a notice of the lien is recorded, the county recorder shall forthwith enter the notice of lien in an alphabetical federal lien index, or by grantor and grantee index, showing the name and residence of the taxpayer named in the notice, the collector's serial number of the notice, the date and hour of recording, and the amount of the lien with interest, penalties, and costs. The county recorder shall record the "Federal Lien Notices," mail the original document to the person recording the notice, and, if any notice so filed contains a legal description, index the lien against the real property described in the file.
Amended by Chapter 168, 1997 General Session
2023 Utah Code › Title 38 - Liens › Chapter 6 - Federal Tax Liens › Section 3 - Recording of certificate of discharge.

38-6-3.
Recording of certificate of discharge.
When a certificate of discharge of any federal lien issued by the proper officer is recorded in the office of the county recorder where the notice of lien is recorded, the recorder shall enter the certificate of discharge with date of recording in the federal lien index or grantor and grantee index and return the original document to the person recording. If the lien, when recorded, contained a legal description of real property, the recorder shall require that the certificate of discharge contain the legal description. The recorder shall index the certificate of discharge to that property.
Amended by Chapter 168, 1997 General Session
2023 Utah Code › Title 38 - Liens › Chapter 6 - Federal Tax Liens › Section 4 - County to furnish indexes and files.

38-6-4.
County to furnish indexes and files.
The federal lien index and file for federal lien notices shall be furnished to the county recorders in the manner provided by law for the furnishing of books in which deeds are recorded.
Amended by Chapter 121, 1990 General Session
2023 Utah Code › Title 38 - Liens › Chapter 7 - Hospital Lien Law › Section 1 - Lien of hospital on judgment, settlement, or compromise in certain accident cases authorized.

38-7-1.
Lien of hospital on judgment, settlement, or compromise in certain accident cases authorized.
(1)
(a) Except as provided in Subsection (3), a hospital located within the state that furnishes emergency, medical, or other service to a patient injured by reason of an accident is entitled to assert a lien upon that portion of the judgment, settlement, or compromise going or belonging to the patient, or, in the case of death, to the patient's heirs or personal representatives, less the amount paid by the patient, or on behalf of the patient by heirs or personal representatives, for attorney fees, court costs, and other necessary expenses incidental to obtaining the judgment, settlement, or compromise.
(b) No reduction of the asserted lien amount is allowed other than the amount paid by the patient, or the patient's heirs, or personal representatives for attorney fees, court costs, and other necessary expenses incidental to litigation, unless otherwise agreed to in writing by the lien claimant.
(c) The hospital lien does not apply to a judgment, settlement, or compromise where the amount is $100 or less.
(2) A hospital may file a lien described in Subsection (1) for the amount of the reasonable, usual, and necessary hospital charges for treatment, care, and maintenance of the injured party in the hospital up to the date of payment of the damages.
(3)
(a) Except as provided in Subsection (3)(b), a hospital may not assert a lien under Subsection (1) if the services provided by the hospital are covered by workers' compensation or private health insurance.
(b)
(i) A hospital that provides a service described in Subsection (3)(a) may assert a lien under Subsection (1) if:
(A) the private health insurer denies coverage; or
(B) the private health insurer does not pay the hospital within 180 days after the day on which the hospital bills the private health insurer.
(ii) A lien asserted under Subsection (3)(b)(i)(B) shall be withdrawn when the private health insurer pays the contracted amount, or, in the event there is no contract, the amount agreed to by the private health insurer and the hospital for the service rendered.
(iii) A hospital that provides a service described in Subsection (3)(a) may assert a lien under Subsection (1) for a copayment or deductible owed by the patient if the amount of the copayment or deductible conforms with any contractual discount provided by the hospital to the insurer.
Amended by Chapter 273, 2013 General Session
2023 Utah Code › Title 38 - Liens › Chapter 7 - Hospital Lien Law › Section 2 - Notice of lien required -- Filing with district court -- Mailing to injured person, heirs or legal representative, and insurance carrier.

38-7-2.
Notice of lien required -- Filing with district court -- Mailing to injured person, heirs or legal representative, and insurance carrier.
A hospital lien upon damages recovered or to be recovered for personal injuries or death shall be effective if:
(1) a verified written notice is filed in the district court of the county in which the hospital asserting the lien is located containing:
(a) an itemized statement of the services rendered to the injured person and the dates of the services;
(b) the name and address of the hospital making the claim;
(c) the name of the person, firm, or corporation alleged to be liable to the injured party for the injuries and damages sustained; and
(d) the full name and address of the injured person;
(2) the hospital sends by certified mail with return receipt requested, prior to the payment of any money to the injured person or his attorney or heirs or legal representatives as compensation for the injuries and/or damages sustained, a copy of the written notice, together with a statement of the date of filing, to the person, firm, or corporation alleged to be liable to the injured party for the injuries and/or damages sustained; and
(3) the hospital mails a copy of the written notice by certified mail with return receipt requested to the home office of any insurance carrier that has insured the person, firm, or corporation against liability, if the name and address is known.
Amended by Chapter 167, 1996 General Session