779.40 Liens for labor in quarry.
(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) and 292.81.
(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.
(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.
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; 1997 a. 27, 35, 252.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
779.03 - Lien valid unless waived by claimant personally, or unless payment bond furnished.
779.035 - Form of contract; payment bond; remedy.
779.036 - Contracts with payment bond; lien; notice; duty of owner and lender.
779.04 - Claims assignable; notice; prior payment.
779.07 - Judgment and lien docket.
779.08 - Release of lien; undertaking.
779.09 - Foreclosure of lien; procedure; parties.
779.11 - Distribution of proceeds of sale.
779.12 - Sale; notice and report; deficiency judgment; writ of assistance.
779.13 - Satisfaction of judgment or lien; correction of errors.
779.135 - Construction contracts, form of contract.
779.14 - Public works, form of contract, bond, remedy.
779.155 - Judgment creditors, attachment of funds due to public contractors.
779.16 - Theft by contractors.
779.17 - Release of funds on filing bond.
779.19 - Petition for log lien; filing same.
779.20 - Action to enforce log lien; parties; costs; change of venue.
779.21 - Attachment, affidavit for; undertaking; service of writ.
779.24 - Lien for camp supplies.
779.25 - Lien for joint log driving.
779.26 - Lien of improvement companies.
779.30 - Undertaking by intervenor; procedure.
779.36 - Extent of lien; filing claim.
779.37 - Satisfaction of lien.
779.40 - Liens for labor in quarry.
779.413 - Liens on aircraft and aircraft engines.
779.415 - Liens on vehicles for towing and storage.
779.42 - Obtaining mechanic's services by misrepresentation of interest in personal property.
779.43 - Liens of keepers of hotels, livery stables, garages, marinas and pastures.
779.45 - Liens of factors, brokers, etc.
779.47 - Plastics fabricator's lien.
779.49 - Lien of owner of breeding animal or methods.
779.50 - Lien for threshing, husking, baling; enforcement.
779.71 - Disposition of articles left for laundering, dry cleaning, repair, storage.
779.87 - Escrow account or bond requirement.
779.88 - Prepaid maintenance lien.
779.89 - Attachment and preservation.
779.90 - Notice of existence of lien.
779.92 - Enforceability of lien.
779.93 - Duties of the department of agriculture, trade and consumer protection.