779.43. Liens of keepers of hotels, livery stables, garages, marinas and pastures
(1) As used in this section:
(a) "Boarding house" includes a house or other building where regular meals
are generally furnished or served to 3 or more persons at a stipulated amount for definite
periods of one month or less.
(b) "Lodging house" includes any house or other building where rooms or
lodgings are generally rented to 3 or more persons received or lodged for hire, or any
part of a house or other building that is let for sleep at stipulated rentals for definite
periods of one month or less, whether any or all of the rooms or lodgings are let or used
for light housekeeping or not, except that duplex flats or apartment houses actually
divided into residential units shall not be considered lodging houses.
(c) "Marina" includes any property used for the storage, repair or mooring of
boats, whether on land or in water.
(2)(a) Except as provided in par. (b), every keeper of an inn, hotel, boarding house or
lodging house shall have a lien upon and may retain possession of all 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 are
the property of any other person liable for the board and lodging for the proper charges
owing the keeper for board, lodging and other accommodation furnished to or for a guest,
boarder or lodger, and for all moneys loaned, not exceeding $50, and for extras furnished
at the written request signed by the guest, boarder or lodger, until the charges are paid.
Any execution or attachment levied upon the baggage or effects shall be subject to the
lien given by this section and the costs of satisfying it.
(b) 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.
(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.
(4)(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.
(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.
(c) A lien of a marina keeper under this section is in addition to any remedy available under ch. 780.
779.48. How such liens enforced
(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.
(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.
Amended in 2001.
Reviewed by AAHS in July 2001.
Reviewed and updated by AAHS in May 2003.
Return to Top of This Page
Return to Horse Liens Page