Wyoming lien waiver requirements
Wyoming prints a lien waiver form in its statutes, notary block included. The lien statement is where notarization is mandatory.
Wyo. Stat. §29-10-101 (and Title 29 generally)
Yes. Wyoming requires you to use the statutory lien waiver form set out in Wyo. Stat. §29-10-101. Substitute your own wording, or use a generic template instead, and the waiver can be challenged or thrown out when you need it to hold up.
The short version
Wyoming's mechanic's lien law lives in Title 29, the Revised Wyoming Statutory Lien Act. Section 29-10-101(b) prints a lien waiver form that reserves retainage and unpaid amounts and ends with a notary acknowledgment block. The statute says the waiver "shall be completed in substantially the following form." In the Title 29 text we checked, we found no section that spells out what happens if you use a different form or skip the notary. The filed lien statement is different: §29-1-312 requires it to be sworn and acknowledged before a notarial officer.
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At a glance
- Wyo. Stat. §29-10-101(b) prints a lien waiver form
- The form reserves retainage and unpaid amounts
- The form includes a notary acknowledgment block
- The filed lien statement must be notarized (§29-1-312)
The form the statute prints
Section 29-10-101(b) gives a Lien Waiver with a payment amount, a retainage reservation, and a line stating the amount the claimant has not been paid. It says the owner may rely on the waiver even if the claimant accepts uncertified funds that are later dishonored, and it says the waiver does not apply if the payment is dishonored or revoked.
The form ends with a notary acknowledgment block. If you use the statute's form, plan on a notarized signature.
Where notarization is mandatory
The notary rule that is spelled out is for the lien statement a claimant files with the county clerk: it must be sworn and acknowledged before a notarial officer (§29-1-312). That is a filing requirement, not a waiver requirement.
For waivers, the safe path is the statute's form with the acknowledgment completed. Ask a Wyoming attorney before you rely on a shorter, unnotarized waiver, because we found no section that says it is or is not enforceable.
Where the rest of Title 29 fits
Title 29 covers liens broadly. The mechanic's lien provisions set out who can claim, what the notice rules are, and how long the lien lasts. The preliminary notice form in §29-10-101(a) tells the owner they can ask for lien waivers from everyone supplying labor or materials.
When you collect a Wyoming waiver, think of it as proof of what was paid and what was reserved. The retainage and unpaid-amount lines are the ones to fill in carefully.
Questions
The statute's waiver form in §29-10-101(b) includes a notary acknowledgment block, so plan on notarizing it if you use that form. We did not find a section that voids a waiver for skipping the notary. The lien statement a claimant files is different: §29-1-312 requires it to be sworn and acknowledged before a notarial officer.
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