779.26
779.26
Lien of improvement companies. Every company whose charter authorizes it to collect tolls on logs, lumber or timber shall have a lien thereon, with the remedies herein given to enforce liens for labor and services in respect to logs or timber.
779.26 History
History: 1979 c. 32 s.
57; Stats. 1979 s. 779.26.
779.28
779.28
Execution. In actions to enforce liens on property mentioned in
s. 779.18 the execution, in addition to the directions of ordinary executions upon judgments for money, shall direct that the property upon which a lien is found to exist or so much thereof as may be necessary for such purpose be sold to satisfy the judgment.
779.28 History
History: 1979 c. 32 ss.
57,
92 (9); Stats. 1979 s. 779.28.
779.29
779.29
Intervention. In an action for the enforcement of a lien upon property under
s. 779.18 a person not a party may, at any time before sale of the property upon which a lien is claimed, become a party defendant by filing with the clerk of the court where the action is pending an affidavit made in behalf of or by the person that the person is the owner of or of some interest in the property upon which a lien is claimed and believes that the claim for lien is invalid. Upon filing this affidavit the person may defend this action so far as a claim for a lien is concerned. If judgment has been previously rendered for a lien, the person may move the court for relief from the judgment within 20 days after the filing of the affidavit. The right to file an affidavit shall not extend beyond one year from the rendition of the judgment.
779.29 History
History: 1979 c. 32 ss.
57,
92 (9);
1979 c. 176; Stats. 1979 s. 779.29;
1983 a. 219.
779.29 Note
Judicial Council Note, 1983: This section is amended by repealing an appeal procedure and substituting the right to move the trial court for relief from its judgment. [Bill 151-S]
779.30
779.30
Undertaking by intervenor; procedure. The filing of an affidavit under
s. 779.29 shall not stay execution unless the intervenor files an undertaking, with 2 or more sureties, who shall each justify in a sum equal to double the amount of the judgment, conditioned that if the plaintiff establishes the right to a lien on the property they will pay the amount of judgment in the plaintiff's favor with costs; the undertaking shall be approved by the judge of the court; and upon filing it all proceedings upon the judgment shall be stayed during the pendency of the proceedings. If execution has been previously issued the same shall, upon presenting to the officer in whose custody it may be a certified copy of the affidavit and undertaking, be returned, and all property in which the intervenor claims an interest that may have been levied upon shall be released from the levy. If upon the trial the plaintiff recovers judgment of lien upon this property the judgment may be entered against the intervenor and sureties; but if the plaintiff does not establish the right to a lien the intervenor shall recover judgment for costs.
779.30 History
History: 1979 c. 32 ss.
57,
92 (9);
1979 c. 176; Stats. 1979 s. 779.30;
1983 a. 219.
779.31
779.31
Cook's lien. The person who prepares or serves the food for persons while they are performing lienable services upon any property mentioned in
s. 779.18, at the request of their employer shall have the right of lien therefor the same as those persons.
779.31 History
History: 1975 c. 94 s.
91 (9);
1979 c. 32 ss.
57,
92 (9); Stats. 1979 s. 779.31.
MINING LIENS, ETC.
779.35
779.35
Mining liens. Any person who shall perform any labor or services for any person or corporation engaged in or organized for the purpose of mining, smelting or manufacturing iron, copper, silver or other ores or minerals, and any bona fide holder of any draft, time check or order for the payment of money due for any such labor, issued or drawn by any such person or corporation, shall have a lien for the wages due for the amount due on such draft, check or order upon all the personal property connected with such mining, smelting or manufacturing industry belonging to such person or corporation, including the ores or products of such mine or manufactory, together with the machinery and other personal property used in the operation of such mine or manufactory and all the interest of such person or corporation in any real estate belonging thereto and connected with such business, which said lien shall take precedence of all other debts, judgments, decrees, liens or mortgages against such person or corporation, except liens accruing for taxes, fines or penalties and liens under
ss. 292.31 (8) (i),
292.41 (6) (d) and
292.81, subject to the exceptions and limitations hereinafter set forth.
779.35 History
History: 1979 c. 32 s.
57;
1979 c. 176; Stats. 1979 s. 779.35;
1993 a. 453;
1995 a. 227.
779.36
779.36
Extent of lien; filing claim. The lien under
s. 779.35 extends only to the amount of the interest in the real property held by the employer, and in case of the employer's death or insolvency, or of the sale or transfer of the works, mines, manufactories or business, or the employer's interest therein by execution or otherwise, all moneys that may be due for wages to any miner, mechanic or laborer shall be a lien upon all said property and shall be preferred and first paid out of the proceeds of the sale thereof; provided, that no such claim shall be a lien upon any real estate unless it shall be filed in the office of the clerk of the circuit court of the county in which the real estate upon which a lien is claimed is situated within sixty days after the claim, draft, time check or order is due and payable in the manner claims for mechanics' liens are required to be filed.
779.36 History
History: 1979 c. 32 s.
57;
1979 c. 176; Stats. 1979 s. 779.36.
779.37
779.37
Satisfaction of lien. If an attachment, execution or similar writ shall be issued against any person or corporation engaged in a business as is within
s. 779.35, any miner, laborer, mechanic or other person who is entitled to claim a lien thereon may give notice in writing of the lien claim and the amount thereof, verified by affidavit, to the officer holding the writ at any time before the actual sale of the property affected thereby, and the officer shall retain out of the proceeds of the sale a sufficient sum to satisfy all such claims, which sum shall be held by the officer, subject to such order as the court may make.
779.37 History
History: 1979 c. 32 ss.
57,
92 (9); Stats. 1979 s. 779.37;
1993 a. 486.
779.38
779.38
Effect of mortgage. No mortgage or other instrument by which a lien is created shall operate to impair or postpone the lien and preference given and secured to the wages and moneys mentioned in
s. 779.35; provided, that no lien of any mortgage or judgment entered before such labor is performed shall be affected or impaired by such lien.
779.38 History
History: 1979 c. 32 ss.
57,
92 (9); Stats. 1979 s. 779.38.
779.39
779.39
Foreclosure of lien. The liens and preferences given by
ss. 779.35 to
779.38 may be foreclosed in the same manner as mechanics' liens, and all provisions of these statutes relating to the foreclosure thereof shall apply to the foreclosure of the liens so given, so far as such provisions are applicable.
779.39 History
History: 1979 c. 32 ss.
57,
92 (9); Stats. 1979 s. 779.39.
779.40
779.40
Liens for labor in quarry. 779.40(1)
(1) Any person who shall perform any labor for an employer not the owner of the real estate, engaged in quarrying, crushing, cutting or otherwise preparing stone for use or for manufacturing lime and any bona fide holder of any draft, time check or order for the payment of money due for any such labor issued by such employer, shall have a lien for wages owed and for the amount due on such draft, check or order upon the personal property connected with such industry owned by such employer, including interest in the product of such quarry or factory and machinery and other personal property used in the operation of such quarry or factory, and all interest in any lease of the real estate connected with such business, which lien shall take precedence of all other debts, judgments, decrees, liens or mortgages against such employer, except taxes, fines or penalties and mortgages or judgments recorded or entered before such labor is performed and except liens under
ss. 292.31 (8) (i), [144.77] 292.41 (6) (d) and 292.81.
779.40 Note
NOTE: Sub. (1) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language was inserted by
1995 Wis. Act 225, but was rendered superfluous by the treatment of this provision by
1995 Wis. Act 227. Corrective legislation is pending.
779.40(2)
(2) The wages shall become a lien upon the property and material mentioned in this section upon filing with the clerk of the circuit court of the county in which the labor is performed within 60 days after the first of the services shall be rendered, a petition signed by the claimant and verified in behalf of or by the claimant under oath, setting forth the nature of the debt for which the lien is claimed, the amount claimed, a description of the property upon which the lien is claimed and that the petitioner claims a lien thereon pursuant to law. The clerk shall receive the fee prescribed in
s. 814.61 (5) for filing the petition.
779.40(3)
(3) The provisions of
ss. 779.20 and
779.21 shall govern the foreclosure of the liens here given so far as such provisions are applicable.
779.40 History
History: 1979 c. 32 ss.
57,
92 (9);
1979 c. 176; Stats. 1979 s. 779.40;
1981 c. 317;
1993 a. 453;
1995 a. 225,
227; s. 13.93 (2) (c).
MECHANIC'S LIENS, ETC.
779.41
779.41
Mechanic's liens. 779.41(1)(1) Every mechanic and every keeper of a garage or shop, and every employer of a mechanic who transports, makes, alters, repairs or does any work on personal property at the request of the owner or legal possessor of the personal property, has a lien on the personal property for the just and reasonable charges therefor, including any parts, accessories, materials or supplies furnished in connection therewith and may retain possession of the personal property until the charges are paid. The lien provided by this section is subject to the lien of any security interest in the property which is perfected as provided by law prior to the commencement of the work for which a lien is claimed unless the work was done with the express consent of the holder of the security interest, but only for charges in excess of $1,500 except if the personal property is:
779.41(1)(a)
(a) A trailer or semitrailer designed for use with a road tractor, for charges in excess of $4,500.
779.41(1)(b)
(b) Road machinery, including mobile cranes and trench hoes, farm tractors, machines of husbandry, or off-highway construction vehicles and equipment, for charges in excess of $7,500.
779.41(1)(c)
(c) A motor vehicle not included under
par. (a) or
(b) with a manufacturer's gross weight rating, including, with respect to road tractors, a manufacturer's gross weight rating for the combined carrying capacity of the tractor and trailer, of:
779.41(1)(c)1.
1. More than 10,000 and less than 20,000 pounds, for charges in excess of $3,000.
779.41(1)(c)2.
2. 20,000 pounds or more but less than 40,000 pounds, for charges in excess of $6,000.
779.41(1)(c)3.
3. 40,000 pounds or more but less than 60,000 pounds, for charges in excess of $9,000.
779.41(1)(c)4.
4. 60,000 pounds or more, for charges in excess of $12,000.
779.41(1m)
(1m) Annually, on January 1, the department of agriculture, trade and consumer protection shall adjust the dollar amounts identified under
sub. (1) (intro.),
(a),
(b) and
(c) 1. to
4. by the annual change in the consumer price index, as determined under
s. 16.004 (8) (e) 1., and publish the adjusted figures.
779.41 Note
NOTE: The department will publish the adjusted mechanic's lien limits in the December 31st issue of the Wisconsin Administrative Register.
779.41(1s)(a)(a) Subsection (1), as it applies to a mechanic, mechanic's employer or keeper of a garage or shop, applies to a boat mechanic, boat mechanic's employer, person who tows a boat or keeper of a marina or shop at which boats are repaired, except as follows:
779.41(1s)(a)1.
1. The lien provided by this subsection is subject to the lien of any security interest in the boat that is perfected as provided by law prior to the commencement of the work for which the lien is claimed unless the work was done with the express consent of the holder of the security interest, but only for charges in excess of $1,200.
779.41(1s)(a)2.
2. Within 30 days after the charges for the work become past due, the person claiming a lien under this subsection shall send written notice to the owner of the boat and the holder of the senior lien on the boat informing them that they must take steps to obtain the release of the boat. To reclaim the boat, the owner or the senior lienholder must pay all charges that have a priority over other security interests under this subsection and all reasonable storage charges on the boat that have accrued after 60 days from the date that the charges for the work became past due. A reasonable effort to notify the owner and the holder of the senior lien satisfies the notice requirement under this subdivision. Failure to make a reasonable effort to notify the owner and the senior lienholder renders void any lien to which the person may be entitled under this subsection.
779.41(1s)(b)
(b) A lien under this subsection is in addition to any remedy available under
ch. 780.
779.41 Note
NOTE: Sub. (1s) was created as s. 779.41 (1m) by
1995 Wis. Act 331 and renumbered by the revisor under s. 13.93 (1) (b).
779.41(2)
(2) Every keeper of a garage or repair shop who alters, repairs or does any work on any detached accessory, fitting or part of an automobile, truck, motorcycle, moped, motor bicycle or similar motor vehicle or bicycle at the request of the owner or legal possessor thereof, shall have a lien upon and may retain possession of any such accessory, fitting or part until the charges for such alteration, repairing or other work have been paid. If the detached article becomes attached to such motor vehicle or bicycle while in the possession of the keeper, the keeper has a lien on the motor vehicle or bicycle under
sub. (1).
779.41(3)
(3) Insofar as the possessory right and lien of the person performing labor and services under this section are released, relinquished and lost by the removal of property upon which a lien has accrued, it is prima facie evidence of intent to defraud if upon the removal of such property, the person removing the property issues any check or other order for the payment of money in payment of the indebtedness secured by the lien, and thereafter stops payment on the check or order. This subsection does not apply when a check is stopped because the product is improperly repaired or improperly serviced and the product has been returned to the person performing the labor or services for proper repair or service.
779.41 History
History: 1971 c. 333;
1979 c. 32 s.
57;
1979 c. 176,
252; Stats. 1979 s. 779.41;
1983 a. 243;
1987 a. 399;
1995 a. 107,
331; s. 13.93 (1) (b).
779.41 Cross-reference
Cross-reference: See s.
779.48 (2) for method of enforcing a mechanics' lien.
779.41 Annotation
Where a garageman did not obtain the consent of the lienholder to the repairs, his lien is limited to the statutory amount and he cannot claim more under a theory of unjust enrichment. Industrial Credit Co. v. Inland G. M. Diesel, 51 W (2d) 520, 187 NW (2d) 157.
779.41 Annotation
Upon a conditional release of personal property by the lienor the lien is enforceable against all parties except a bona fide purchaser for value or a subsequent levying creditor with no notice of the lien. M&I Western State Bank v. Wilson, 172 W (2d) 357, 493 NW (2d) 387 (Ct. App. 1992).
779.41 Annotation
The legislature did not create a crime or invoke criminal penalties in enacting (3) which renders stopping payment on a check used to pay for certain repairs to personal property "prima facie evidence of intent to defraud." This section could operate to establish prima facie evidence of only one of the elements of the crime of theft defined in 943.20 (1) (d). 63 Atty. Gen. 81.
779.415
779.415
Liens on motor vehicles for towing and storage. 779.415(1)(a)(a) Every motor carrier holding a permit to perform vehicle towing services, every licensed motor vehicle salvage dealer and every licensed motor vehicle dealer who performs vehicle towing services or stores a motor vehicle, when such towing or storage is performed at the direction of a traffic officer or the owner of the vehicle, shall, if the vehicle is not claimed as provided herein, have a lien on the motor vehicle for reasonable towing and storage charges, and may retain possession of the vehicle until such charges are paid. If the vehicle is subject to a lien perfected under
ch. 342, a towing lien shall have priority only to the extent of $75 for a motor vehicle having a gross weight of 20,000 pounds or less and $250 for a motor vehicle having a gross weight of more than 20,000 pounds and a storage lien shall have priority only to the extent of $7 per day but for a total amount of not more than $420 for a motor vehicle having a gross weight of 20,000 pounds or less and $20 per day but for a total amount of not more than $1,200 for a motor vehicle having a gross weight of more than 20,000 pounds. If the value of the vehicle exceeds $500, the lien may be enforced under
s. 779.48 (2). If the value of the vehicle does not exceed $500, the lien may be enforced by sale or junking substantially as provided in
sub. (2).
779.415(1)(b)
(b) If the vehicle is towed or stored under the directions of a traffic officer, any personal property within the vehicle shall be released to the owner of the vehicle as provided under
s. 349.13 (5) (b) 2. No additional charge may be assessed against the owner for the removal or release of the personal property within the vehicle.
779.415(1m)
(1m) Within 30 days after taking possession of a motor vehicle, every motor carrier, licensed motor vehicle salvage dealer and licensed motor vehicle dealer under
sub. (1) shall send written notice to the owner of the vehicle and the holder of the senior lien on the vehicle informing them that they must take steps to obtain the release of the motor vehicle. To reclaim the vehicle, the owner or the senior lienholder must pay all towing and storage charges that have a priority under
sub. (1) (a) and all reasonable storage charges that have accrued after 60 days from the date on which possession of the motor vehicle was taken. A reasonable effort to so notify the owner and the holder of the senior lien satisfies the notice requirement of this subsection. Failure to make a reasonable effort to so notify the owner and the senior lienholder renders void any lien to which the motor carrier, licensed motor vehicle salvage dealer or licensed motor vehicle dealer would otherwise be entitled under
sub. (1).
779.415(2)
(2) At least 20 days prior to sale or junking, notice thereof shall be given by registered mail to the person shown to be the owner of the vehicle in the records of the department of transportation and to any person who has a lien on such vehicle perfected under
ch. 342, stating that unless the vehicle is claimed by the owner or the owner's agent within said 20 days the vehicle will be exposed for sale or junked, as the case may be. If the proceeds of the sale exceed the charges, the balance shall be paid to the holder of the senior lien perfected under
ch. 342, and if none, then to the owner as shown in the records of the department of transportation.
779.42
779.42
Obtaining mechanic's services by misrepresentation of interest in personal property. Any person who, for the purpose of inducing any mechanic, or keeper of a garage or shop, or the employer of a mechanic to transport, make, alter, repair or do any work on any personal property, makes any misrepresentation as to the nature or extent of the person's interest in said property or as to any lien upon said property shall be fined not more than $200 or imprisoned not more than 6 months or both.
779.42 History
History: 1979 c. 32 s.
57;
1979 c. 176; Stats. 1979 s. 779.42.
779.43
779.43
Liens of keepers of hotels, livery stables, garages, marinas and pastures. 779.43(1)(a)
(a) "Boarding house" includes a house or building where regular meals are generally furnished or served to three or more persons at a stipulated amount for definite periods of one month or less.
779.43(1)(b)
(b) "Lodging house" includes any house or building or part thereof where rooms or lodgings are generally rented to three or more persons received or lodged for hire, or any part thereof is let in which to sleep at stipulated rentals for definite periods of one month or less, whether any or all such rooms or lodgings are let or used for light housekeeping or not, provided that so called duplex flats or apartment houses actually divided into residential units shall not be considered a lodging house.
779.43(1)(c)
(c) "Marina" includes any property used for the storage, repair or mooring of boats, whether on land or in water.
779.43(2)
(2) Every keeper of an inn, hotel, boarding house or lodging house shall have a lien upon and may retain the possession of all the baggage and other effects brought into the place by any guest, boarder or lodger, whether the baggage and effects are the property of or under the control of the guest, boarder or lodger, or the property of any other person liable for such board and lodging for the proper charges owing such keeper for board, lodging and other accommodation furnished to or for such guest, boarder or lodger, and for all moneys loaned, not exceeding fifty dollars, and for extras furnished at the written request signed by the guest, boarder or lodger, until such charges are paid, and any execution or attachment levied upon such baggage or effects shall be subject to such lien and the costs of satisfying it. But the lien given by this section does not cover charges for alcohol beverages nor the papers of any soldier, sailor or marine that are derived from and evidence of military or naval service or adjusted compensation, compensation, pension, citation medal or badge.
779.43(3)
(3) Subject to
sub. (4), every keeper of a garage, marina, livery or boarding stable, and every person pasturing or keeping any carriages, automobiles, boats, harness or animals, and every person or corporation, municipal or private, owning any airport, hangar or aircraft service station and leasing hangar space for aircraft, shall have a lien thereon and may retain the possession thereof for the amount due for the keep, support, storage or repair and care thereof until paid. But no garage or marina keeper shall exercise the lien upon any automobile or boat unless the keeper gives notice of the charges for storing automobiles or boats on a signed service order or by posting in some conspicuous place in the garage or marina a card that is easily readable at a distance of 15 feet.
779.43(4)(a)(a) The lien of a marina keeper under this section is subject to the lien of any security interest in the boat that is perfected as provided by law prior to the commencement of the services for which the lien is claimed unless the services were done with the express consent of the holder of the security interest, but only for charges in excess of $1,200.
779.43(4)(b)
(b) Within 30 days after the charges for the services of a marina keeper become past due, the marina keeper shall send written notice to the owner of the boat and the holder of the senior lien on the boat informing them that they must take steps to obtain the release of the boat. To reclaim the boat, the owner or the senior lienholder must pay all charges that have a priority over other security interests under
par. (a) and all reasonable storage charges on the boat that have accrued after 60 days from the date that the charges for the services became past due. A reasonable effort to notify the owner and the holder of the senior lien satisfies the notice requirement under this paragraph. Failure to make a reasonable effort to notify the owner and the senior lienholder renders void any lien to which the marina keeper may be entitled under this section.
779.43(4)(c)
(c) A lien of a marina keeper under this section is in addition to any remedy available under
ch. 780.
779.43 History
History: 1979 c. 32 s.
57;
1979 c. 176; Stats. 1979 s. 779.43;
1981 c. 79 s.
17;
1995 a. 331.
779.43 Annotation
No garage keeper's lien is imposed under (3) where storage occurs without owner's consent. Bob Ryan Leasing v. Sampair, 125 W (2d) 266, 371 NW (2d) 405 (Ct. App. 1985).
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 Eq. Corp. v. Beloit Corp. 55 W (2d) 540, 201 NW (2d) 13.
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.
