March 9, 2010
A recent decision in the Wyoming Supreme Court has resulted in a change in language that must be used on the form of Lien Statement.
In the case of Winter and Jo/Etta, LLC v. Andy Pleasant dba A. Pleasant Construction, (Wyoming Supreme Court) S-09-0058, S-09-0059, 2010 WY 4; 2010 Wyo. Lexis 4 (decided 1/12/2010), the Court held an amended lien statement filed pursuant to W.S. 29-1-301(a), which provides in pertinent part that, "In order to have a perfected lien pursuant to this title, a lien claimant shall file with the county clerk a lien statement sworn to before a notarial officer" was, as a matter of law, invalid if the lien affiant does not swear to the "truth and accuracy of the lien statement". It was not enough for the construction company's attorney to assert he was "duly sworn"...and was signing with authority and on the behalf of the client. Without any change in the statutory language, the Court held that the plain language of the statute requires an affiant to swear to the "truth and accuracy of the lien statement" in order for it to be valid.
The Wyoming chapter has been updated with the foregoing information and the Lien Statement form has been updated to reflect the court’s decision.
Raymond (Ray) W. Martin, Esquire (Contributing Author)
Sundahl, Powers, Kapp & Martin, LLC
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