Dave v. Valdez (2012)
Citation: 2012 WY 59, 275 P.3d 485 · Court: Supreme Court of Wyoming, No. S-11-0231 · Decided: April 13, 2012 · Opinion: Voigt, J.
Source note (2026-10-18):
- source replaced 2026-10-18: static.case.law robots-disallowed; official copy at Wyoming Judicial Branch official opinion store (2012 WY 59) (replaces
https://static.case.law/p3d/275/cases/0485-01.json; retrieval dates stated elsewhere on this page refer to the earlier copy).
Opinion text retrieved 2026-10-17 from the Caselaw Access Project’s static copy of the Pacific Reporter (static.case.law, P.3d volume 275), an unofficial host.
Facts
Dave bought a car on eBay for USD 2,580 and received a bill of sale; the seller agreed to hold it for shipment. The seller then resold the car to Valdez for more, and Valdez took possession and later obtained title. Dave sued for replevin, conversion and related claims, won a default writ of replevin and transport costs, and sought attorney fees, arguing among other things that Valdez violated Dave’s rights “as a lien holder” by failing to give the notice of W.S. 29-7-105(b) before pursuing title, and was liable under § 29-7-105(j).
Holding
Affirmed: no attorney fees. Section 29-7-105(j), which makes a lien claimant “liable for damages caused by failure to comply with this section,” refers only to damages and does not authorize fees; where the legislature allows fees it says so explicitly. The replevin-fraud exception to the American rule applies only to fraud in bringing the replevin action.
Practical impact
- Owners challenging a defective lien sale: the statutory remedy under § 29-7-105(j) is actual damages; fees are not recoverable under it.
- Lienors: exposure for a noncompliant sale is damages, not fee shifting, under that section.
Good-law status
Still good law as of 2026-10-17; § 29-7-105(j) retains the same text (retrieved from wyoleg.gov 2026-10-17).
Rechecked 2026-10-18 against the full CAP opinion: no later Wyoming decision citing it was located through CourtListener; § 29-7-105(j) is unchanged in the 2026 compiled title. Not a commercial citator check.
Applies in →
wyoming · towing-storage-and-mechanics-lien-sales · motor-vehicles