1. (1) If a repairman is not in possession of the aircraft under Section 38-13-201, a repairman may take possession of an aircraft to recover the amounts owed under a lien imposed by this chapter if:

   1. (a) the repairman obtains a foreclosure judgment under Section 38-13-202;

   2. (b) the repairman provides written notice of the intent to take possession of the aircraft:

      1. (i) to:

         1. (A) the owner of the aircraft; and
         2. (B) any person described in Subsection 38-13-204(1)(b); and
      2. (ii) at least 15 days before the day on which the repairman takes possession of the aircraft;

   3. (c) the aircraft is in the possession of one of the following if that person requested that the repairman make, alter, repair, or perform labor on the aircraft:

      1. (i) the owner of the aircraft; or
      2. (ii) other person entitled to possession of the aircraft; and
   4. (d) the person described in Subsection (1)(c) has not paid the amount owed under this chapter before the day on which the repairman takes possession of the aircraft.

2. (2) Subject to the other requirements of this section, a repairman may take possession of an aircraft under this section:

   1. (a) pursuant to judicial process; or
   2. (b) without judicial process, if the transfer of possession of the aircraft proceeds without breach of the peace.

Enacted by Chapter 187, 2005 General Session