779.43 Annotation
No garage keeper's lien is imposed under sub. (3) when storage occurs without an owner's consent. Bob Ryan Leasing v. Sampair,
125 Wis. 2d 266,
371 N.W.2d 405 (Ct. App. 1985).
779.43 Annotation
Following transfer of ownership of a vehicle in possession of a garage keeper, for the garage keeper to have a lien on the vehicle under sub. (3) enforceable against the new owner, two criteria must have been met: 1) the garage keeper must have satisfied the notice requirements of sub. (3); and 2) the bailment of the vehicle must have been with the new owner's consent. The consent required by
Bob Ryan is necessarily limited. While a party might consent expressly, for example by signing a work order, a party might also consent impliedly. Toyota Motor Credit Corporation v. North Shore Collision, LLC,
2011 WI App 38,
332 Wis. 2d 201,
796 N.W.2d 832,
10-0761.
779.44
779.44
Liens of consignees. Every consignee of property shall have a lien thereon for any money advanced or negotiable security given by the consignee to or for the use of the person in whose name the shipment of such property is made, and for any money or negotiable security received by such person for personal use unless the consignee shall, before advancing any such money, or giving such security, or before it is so received for personal use, have notice that such person is not the actual owner thereof.
779.44 History
History: 1979 c. 32 s.
57;
1979 c. 176; Stats. 1979 s. 779.44.
779.44 Annotation
A consignment need not be for the purpose of sale. A tender of the amount due must be made and is not waived merely by an excessive demand for payment made in good faith and in ignorance of the scope of the lien. Power Transmission Equipment Corp. v. Beloit Corp.
55 Wis. 2d 540,
201 N.W.2d 13 (1972).
779.45
779.45
Liens of factors, brokers, etc. Every factor, broker or other agent entrusted by the owner with the possession of any bill of lading, customhouse permit, warehouse receipt or other evidence of the title to personal property, or with the possession of personal property for the purpose of sale or as security for any advances made or liability incurred by the factor, broker or agent in reference to such property, shall have a lien upon such personal property for all such advances, liability incurred or commissions or other moneys due for services as such factor, broker or agent, and may retain the possession of such property until such advances, commissions or moneys are paid or such liability is discharged.
779.45 History
History: 1979 c. 32 s.
57;
1979 c. 176; Stats. 1979 s. 779.45.
779.46
779.46
Jeweler's lien. Every jeweler, watchmaker or silversmith who shall do any work on any article at the request of the owner or legal possessor of such property, shall have a lien upon and may retain the possession of such article until the charges for alteration, repair or other work have been paid.
779.46 History
History: 1979 c. 32 s.
57; Stats. 1979 s. 779.46.
779.47
779.47
Plastics fabricator's lien. 779.47(1)(a)
(a) “Plastics fabricator" means a person who uses toolings to fabricate or manufacture plastic products or a person who makes or provides toolings for use in the fabrication or manufacture of plastic products.
779.47(1)(b)
(b) “Toolings" includes masters, models, patterns, tools, dies, molds, jigs, fixtures, forms and designs that are used in the fabrication or manufacture of plastic products.
779.47(2)
(2) Lien. Subject to sub.
(2m), a plastics fabricator shall have a lien on all toolings and plastic products in the plastics fabricator's possession that belong to the customer for the amount owed the plastics fabricator by the customer for toolings or for plastics fabrication processing or work. The plastics fabricator may retain possession of the toolings until the amount owed is paid or satisfied.
779.47(2m)
(2m) Attachment and perfection. A lien under sub.
(2) attaches and is perfected 30 days after the date on which plastic products are delivered to the customer unless the customer notifies the plastics fabricator within that time period that the products failed to meet an approved quality control plan, the products deviated from approved samples or the products deviated from previously accepted parts and the customer returns the products within 60 days after the date on which the products are delivered to the customer.
779.47(3)
(3) Priority. A lien under sub.
(2) does not take priority over an existing perfected security interest.
779.47 History
History: 1993 a. 328.
779.48(1)(1)
Every person given a lien by ss.
779.43 to
779.46, except s.
779.43 (3), or as bailee for hire, carrier, warehouse keeper or pawnee or otherwise, by common law, may, in case the claim remain unpaid for 3 months and the value of the property affected thereby does not exceed $100, sell such property at public auction and apply the proceeds of such sale to the claim and the expenses of such sale. Notice in writing, of the time and place of the sale and of the amount claimed to be due shall be given to the owner of such property personally or by leaving the same at the owner's place of abode, if a resident of this state, and if not, by publication thereof, in the county in which such lien accrues, as a class 3 notice, under ch.
985. If such property exceeds in value $100, then such lien may be enforced against the same by action.
779.48(2)
(2) Every person given a lien by ss.
779.41 and
779.43 (3) may in case the claim remains unpaid for 2 months after the debt is incurred, and a person given a lien under s.
779.47 (2) may if the claim remains unpaid 90 days after the lien is perfected, enforce such lien by sale of the property substantially in conformity with subch.
VI of ch. 409 and the lien claimant shall have the rights and duties of a secured party thereunder. When such sections are applied to the enforcement of such lien the word debtor or equivalent when used therein shall be deemed to refer to the owner of the property and any other person having an interest shown by instrument filed as required by law or shown in the records of the department of transportation, and the word indebtedness or equivalent shall include all claims upon which such lien is based.
779.48 Annotation
Requirements of a common law lien are discussed. Even though some of the goods are returned, the lien may exist on the balance retained for the whole amount due. Moynihan Associates, Inc. v. Hanisch,
56 Wis. 2d 185,
201 N.W.2d 534 (1972).
779.485(1)(a)
(a) “Customer" means a person who does any of the following:
779.485(1)(a)1.
1. Causes a special tool builder to design, develop, manufacture, assemble, or otherwise make a special tool.
779.485(1)(a)2.
2. Orders a product from a manufacturer that is produced with a special tool or causes a manufacturer to use a special tool.
779.485(1)(b)
(b) “Intellectual property" means a design, program, or process.
779.485(1)(c)
(c) “Manufacturer" means a person who uses a special tool as part of the person's manufacturing process.
779.485(1)(e)
(e) “Special tool" means a tool, die, jig, gauge, gauging fixture, metal casting, pattern, forging, machinery, ferrous or nonferrous machined part, or intellectual property used for the purpose of designing, developing, manufacturing, assembling, or fabricating a metal part.
779.485(1)(f)
(f) “Special tool builder" means a person who designs, develops, manufactures, fabricates, or assembles a special tool.
779.485(2)(a)1.1. A special tool builder who does all of the following has a lien on a special tool in the amount that a customer or manufacturer owes the special tool builder for designing, developing, manufacturing, fabricating, assembling, repairing, or modifying the special tool:
779.485(2)(a)1.a.
a. Permanently records on the special tool the special tool builder's name, street address, city, and state, or other traceable identification.
779.485(2)(a)2.
2. A special tool builder's lien attaches and is perfected on the date that both of the requirements specified in subd.
1. a. and
b. are satisfied.
779.485(2)(a)3.
3. A special tool builder retains a special tool builder's lien even if the special tool builder does not have physical possession of the special tool for which the lien is claimed.
779.485(2)(a)4.
4. A special tool builder's lien remains valid until the first of any of the following occurs:
779.485(2)(a)4.a.
a. The customer or manufacturer pays the special tool builder the amount for which the special tool builder's lien is claimed.
779.485(2)(b)
(b)
Priority. An attached and perfected special tool builder's lien has priority over any other lien that subsequently attaches to the special tool.
779.485(2)(c)1.1. A special tool builder may not enforce a special tool builder's lien unless the builder provides notice in writing to the customer, manufacturer, or both that owes the builder the amount for which the special tool builder's lien is claimed. The notice shall be delivered personally or by registered mail, return receipt requested, to the last-known address of the customer, manufacturer, or both and shall state that the builder is claiming a lien for the amount that customer, manufacturer, or both owes the special tool builder for designing, developing, manufacturing, fabricating, assembling, repairing, or modifying the special tool and that the builder demands payment for the amount. Except as provided in subd.
2., if the special tool builder is not paid the amount claimed within 90 days after either the customer or, if applicable, the manufacturer receives the notice, whichever is later, the builder has the right to possession of the special tool and the builder may enforce the right by any available judicial procedure or by taking possession of the special tool without judicial process, but only if the taking is done without breach of the peace.
779.485(2)(c)2.
2. If the postal service returns any notice required under subd.
1. as undeliverable, the special tool builder may enforce the right to possession under subd.
1. no sooner than 90 days after the special tool builder publishes, under ch.
985, a class 1 notice of the intended enforcement of the right to possession in a newspaper of general circulation in the place where the special tool is last known to be located and in the place of the last-known address of any person for which the postal service returns a notice as undeliverable.
779.485(3)(a)1.1. Unless otherwise agreed by a customer and manufacturer in writing, all rights, title, and interest of a customer in a special tool that a manufacturer has used to produce parts ordered by the customer or that the customer has caused a manufacturer to use are transferred to the manufacturer for the purpose of destroying the special tool, if all of the following are satisfied:
779.485(3)(a)1.a.
a. The special tool has been in the possession of the manufacturer during the one-year period beginning after the manufacturer's last use of the special tool.
779.485(3)(a)1.b.
b. The customer has not claimed possession of the special tool before the expiration of the one-year period specified in subd.
1. a. 779.485(3)(a)1.c.
c. After the expiration of the one-year period specified in subd.
1. a., the manufacturer provides written notice by registered mail, return receipt requested, to an address designated in writing by the customer or, if the customer has made no such designation, to the customer's last-known address, that indicates that the manufacturer intends to terminate the customer's rights, title, and interest in the special tool and transfer those rights, title, and interest to the manufacturer as provided in this paragraph.
779.485(3)(a)1.d.
d. The customer has not, within 120 days after the date that the manufacturer receives the return receipt of notice specified in subd.
1. c. or within 120 days after the manufacturer provides notice if no return receipt is received within that period, claimed possession of the special tool or agreed to other arrangements with the manufacturer for storage of the special tool.
779.485(3)(a)2.
2. The one-year period specified in subd.
1. a. applies retroactively to special tools last used before April 29, 2006.
779.485(3)(a)3.
3. This paragraph does not apply to a special tool that is titled to, and in the possession of, a manufacturer. This paragraph may not be construed to grant a customer any right, title, or interest in a special tool.
779.485(3)(b)
(b)
Lien. A manufacturer has a lien on any special tool in the manufacturers' possession belonging to a customer for the amount due the manufacturer from the customer for work performed with the special tool or for making or improving the special tool. A manufacturer may retain possession of the special tool until the amount due is paid.
779.485(3)(c)1.1. A manufacturer may not enforce a manufacturers' lien unless the manufacturer provides notice in writing to the customer, delivered personally or by registered mail to the last-known address of the customer, that states that the manufacturer is claiming a lien for the amount due described in par.
(b). Except as provided in subd.
2., if the manufacturer is not paid the amount due within 90 days after the customer receives the notice, and if the manufacturer is still in possession of the special tool, the manufacturer may sell the special tool at public auction under par.
(d).
779.485(3)(c)2.
2. If the postal service returns a notice under subd.
1. as undeliverable and if the manufacturer is still in possession of the special tool, the manufacturer may sell the special tool at public auction under par.
(d) no sooner than 90 days after the special tool builder publishes, under ch.
985, a class 1 notice of the sale in a newspaper of general circulation in the place of the last-known address of the customer.
779.485(3)(d)1.1. A manufacturer may not sell a special tool at public auction unless the manufacturer has provided, by registered mail, return receipt requested, the customer and any other person, including a special tool builder, who has perfected by filing a security interest in the special tool, a notice that includes all of the following:
779.485(3)(d)1.a.
a. A statement that the manufacturer intends to sell the special tool no sooner than 60 days after receipt of the notice.
779.485(3)(d)1.d.
d. An itemized statement of the amount for which the manufacturer's lien is claimed.
779.485(3)(d)1.e.
e. A statement that any product produced by the manufacturer with the special tool complies with the quality and quantity ordered by the customer.
779.485(3)(d)2.
2. Except as provided in subd.
3., a manufacturer may sell a special tool at public auction no sooner than 60 days after the customer's or other person's receipt of the notice specified in subd.
1., whichever is later, except that, if the postal service returns any of the notices as undeliverable, the manufacturer may sell the special tool no sooner than 60 days after the manufacturer publishes, under ch.
985, a class 1 notice of the intended sale, that includes the information specified in subd.
1., in a newspaper of general circulation in the place where the manufacturer is holding the special tool for sale, in the place of the customer's last-known address, and in the place of the other person's last-known address.
779.485(3)(d)3.
3. If a customer disagrees with the statement specified in subd.
1. e. that is included in a notice, the customer may notify the manufacturer of the disagreement in writing by registered mail, return receipt requested. If a manufacturer receives a notification under this subdivision before the date of the public auction, the manufacturer may not sell the special tool at public auction until after the disagreement is resolved.
779.485(3)(e)
(e)
Proceeds. The proceeds of a sale of a special tool under par.
(d) shall, if applicable, first be paid to a prior lienholder who has perfected a lien in an amount sufficient to extinguish that lien. Any excess proceeds shall next be paid to the manufacturer in an amount sufficient to extinguish the manufacturer's lien. Any remainder shall be paid to the customer.
779.485 History
History: 2005 a. 336.
BREEDING ANIMAL, THRESHING LIENS, ETC.
779.49
779.49
Lien of owner of breeding animal or methods. 779.49(1)(a)
(a) Except as provided in par.
(b), every owner of a stallion, jackass or bull, or semen from a stallion, jackass or bull, kept and used for breeding purposes shall have a lien upon any dam served and upon any offspring gotten by the animal, or by means of artificial insemination for the sum stipulated to be paid for the service of the dam. The owner of the stallion, jackass or bull, used to service, or semen used to artificially inseminate, the dam may seize and take possession of the dam and offspring or either without process at any time before the offspring is one year old, in case the price agreed upon for the service remains unpaid, and sell the offspring at public auction. The sale of the offspring shall be upon 10 days' notice, to be posted in at least 3 public places in the town where the service was rendered. The proceeds of the sale shall be applied to the payment of the amount due for the service and the expenses of the seizure and sale. The residue, if any, shall be returned to the party entitled to it.
779.49(1)(b)
(b) No lien given under this subsection shall be effective for any purpose against an innocent purchaser or mortgagee of the offspring or the dam of the offspring for value unless the owner having a claim for the service records with the register of deeds of the county where the owner of the dam served resides a statement showing that the service has been rendered and the amount due for the service.
779.49(2)
(2) Any person who sells, disposes of or gives a mortgage upon any dam which to the person's knowledge has been served by a stallion, jackass or bull, or artificially inseminated with semen owned by another, the fee for which has not been paid, and who has not given written information to the purchaser or mortgagee of the fact of the service or artificial insemination, shall be guilty of a misdemeanor and upon conviction shall be fined not more than $10 or imprisoned for not more than 60 days.
779.49 History
History: 1979 c. 32 s.
57;
1979 c. 176; Stats. 1979 s. 779.49;
1993 a. 301;
1997 a. 254.
779.50
779.50
Lien for threshing, husking, baling; enforcement. 779.50(1)(a)
(a) Every person who threshes grain, cuts, shreds, husks or shells corn or bales hay or straw by machine for another shall have a lien upon the grain, corn, hay or straw for the value of the services to the extent that the person contracting for the services has an interest in the grain, corn, hay or straw, from the date of the commencement of the service.
779.50(1)(b)
(b) The lien given under par.
(a) may be foreclosed at any time within 6 months from the date of the last charge for the services described in par.
(a) as long as the charges remain unpaid. For the purpose of foreclosing the lien, the lien claimant may take possession of so much of the grain, corn, hay or straw as shall be necessary to pay for the services and the expenses of enforcing the lien, for the services, and sell the grain, corn, hay or straw at public auction. The auction shall be held upon notice of not less than 10 nor more than 15 days from the date of the seizure of the grain, corn, hay or straw under this paragraph.
779.50(2)
(2) Notice of such sale shall be given personally and by posting in at least three public places in the town where the debtor resides, and also in the town where such sale is to be made; and if such debtor is a nonresident of the state, in the town where such grain, corn, hay or straw, or some part thereof, was threshed, cut, husked, shelled or baled, and apply the proceeds of such sale to the payment of such service, together with the expenses of such seizure and sale, returning the residue to the party entitled thereto.
779.50(3)
(3) The lien created by this section shall be preferred to all other liens and encumbrances, but does not apply to an innocent purchaser for value unless such lien is recorded in the office of the register of deeds of the county where the services were performed within 15 days from the date of the completion of such service.
779.50(4)
(4) The costs and expenses of seizure and sale under this section shall be as follows:
779.50(4)(a)
(a) For seizing grain, corn, hay or straw, 50 cents.
