Lien Statement-Private Works

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for its content. Please use with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Lien Statement.

Scope: State of Wyoming, Private Works.

Time Constraints: You must have served both a notice of the right to file a lien and a notice of intent to file a lien or bond claim within the statutory period, or you cannot make a lien claim. See the memos on Wyoming Preliminary Notice, Private Work, and Wyoming Lien Warning Notice, Private Work, for more information.

When you file your lien depends on your status to the owner:

Original Contractor: File your lien after 60 days, but within 120 days, of your last furnishing or the date of the contract, whichever comes first.

Subcontractor and Material men: You must file your lien after 60 days, but within 90 days, after your last furnishing.

File the lien with the Clerk of the County Commission where the property is located. Serve copies on the owner and sureties, if any. Service on the general contractors and your customer is optional.

Perfection: After recording, you must file suit within 180 months of filing your Lien Statement.

Lien Bond: A bond for 150% of the claim amount before judgment is entered on the perfection will protect the property.

Payment Bond: Where a Payment Bond has been provided by a surety, file within the time frame as stated in the bond.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (don't pass these up! Estimate if necessary. In the case of Bond Claims, the sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Lien Statement, Exhibit's A-D, if needed, Notice of Claim of Lien, and Recorder's Letter.

Procedures: Prepare your documents using the required information. File your Lien Statement and serve upon the owners (with the Notice of Claim of Lien) and sureties (the general contractors and your customer are optional). At this point you are ready to enforce all of your claims in one action.

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