| (1) |
If a repairman is not in possession of the aircraft under Section 38-13-201, a repairman may take possession of an aircraft to recover the amounts owed under a lien imposed by this chapter if:
Terms Used In Utah Code 38-13-203- Aircraft: is a s defined in Section 72-10-102. See Utah Code 38-13-102
- 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
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: means :Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. 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
| (a) |
the repairman obtains a foreclosure judgment under Section 38-13-202; |
| (b) |
the repairman provides written notice of the intent to take possession of the aircraft:
| (i) |
to:
| (A) |
the owner of the aircraft; and |
|
| (ii) |
at least 15 days before the day on which the repairman takes possession of the aircraft; |
|
| (c) |
the aircraft is in the possession of one of the following if that person requested that the repairman make, alter, repair, or perform labor on the aircraft:
| (i) |
the owner of the aircraft; or |
| (ii) |
other person entitled to possession of the aircraft; and |
|
| (d) |
the person described in Subsection (1)(c) has not paid the amount owed under this chapter before the day on which the repairman takes possession of the aircraft. |
|
| (2) |
Subject to the other requirements of this section, a repairman may take possession of an aircraft under this section:
| (a) |
pursuant to judicial process; or |
| (b) |
without judicial process, if the transfer of possession of the aircraft proceeds without breach of the peace. |
|
Enacted by Chapter 187, 2005 General Session
