Utah Code 38-13-202. Foreclosure on a lien
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(1) A repairman shall file a foreclosure action in a court of competent jurisdiction to enforce the lien filed under this chapter within 180 days from the day on which the repairman sends notice of the lien in accordance with Section 38-12-102.
Terms Used In Utah Code 38-13-202
- Aircraft: is a s defined in Section 72-10-102. See Utah Code 38-13-102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Repairman: means a person who makes, alters, repairs, or performs labor on an aircraft. See Utah Code 38-13-102
(2) In a foreclosure action filed under this section, the repairman or the repairman’s attorney shall show by complaint to the court:(2)(a) that the repairman made, altered, repaired, or performed labor on the aircraft that entitles the repairman to a lien under this chapter;(2)(b) that the owner or other person entitled to possession of the aircraft requested that the repairman make, alter, repair, or perform labor described in Subsection (2)(a);(2)(c) that the repairman sent notice of the lien in accordance with Sections 38-12-102 and 38-13-201;(2)(d) that the person against whom the lien is filed failed to pay the amount owed within 30 days of the day on which the repairman sent the notice of lien described in Subsection (2)(c); and(2)(e) an itemized description of the amounts owed.(3) In a foreclosure action, the amount claimed by the repairman may include:(3)(a) work performed;(3)(b) materials;(3)(c) interest;(3)(d) storage fees charged; and(3)(e) any costs incurred by the repairman for using enforcement procedures under this chapter, including attorneys’ fees.