Wisconsin Statutes 779.413 – Liens on aircraft and aircraft engines
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Terms Used In Wisconsin Statutes 779.413
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
- Sworn: includes "affirmed" in all cases where by law an affirmation may be substituted for an oath. See Wisconsin Statutes 990.01
(1) In this section, “aircraft” has the meaning given in s. 29.001 (6).
(2) Every person, employer of a person, and keeper of a garage or shop engaged in repair, storage, servicing, or furnishing supplies or accessories for an aircraft or an aircraft engine or providing contracts of indemnity for an aircraft, and every person, municipal or private, owning any airport, hangar, or aircraft service station and leasing hangar space for aircraft, shall have a lien on the aircraft or aircraft engine for any reasonable charges, including charges for labor, for the use of tools, machinery, and equipment, and for all parts, accessories, materials, fuel, oils, lubricants, keep or storage fees, earned premiums, and other supplies furnished. A lien under this section shall be superior to all liens except liens for taxes, subject to compliance with sub. (3).
(3) A lien under this section may be asserted by the retention of the aircraft or the aircraft engine, and if the lien is asserted by retention of the aircraft or aircraft engine, the lienor may not be required to surrender the aircraft or aircraft engine to the holder of a subordinate security interest or lien. If possession of the aircraft or aircraft engine is surrendered by the person claiming the lien, the person claiming the lien may do all of the following within 180 days after the repairs, storage, services, supplies, accessories, or contracts of indemnity are furnished:
(a) Provide written notice, subscribed and sworn to by a person or by someone on the person’s behalf, giving an accurate account of the demands claimed to be due, with all just credits and the name of the person to whom the repair, storage, service, supplies, accessories, or contracts of indemnity were furnished, the name of the owner of the aircraft or aircraft engine, if known, and a description of the aircraft or aircraft engine sufficient for identification, by personal delivery, certified mail, or statutory overnight delivery, return receipt requested, to one of the following:
1. The registered owner and others holding recorded interests in the aircraft or aircraft engine at the addresses listed in the federal aviation administration’s aircraft registry.
2. If the aircraft is not a U.S. registered aircraft or if the aircraft engine is not subject to recordation by the federal aviation administration, to the owner, if known, at his or her last known address, or, if not known, to the person to whom the repair, storage, service, supplies, accessories, or contracts of indemnity were furnished.
(b) File the written notice for recording in the federal aviation administration’s aircraft registry in the manner prescribed by federal law under 49 U.S. Code § 44107, or, if the aircraft is not a U.S. registered aircraft or if the aircraft engine is not subject to recordation by the federal aviation administration, in the office of the department of financial institutions or any office authorized by the department of financial institutions as described under s. 409.501 (1) (b), or the appropriate recording authority, established by applicable state law, international treaty, or foreign law, in the manner prescribed.