South Carolina Legislature


 

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S 224
Session 114 (2001-2002)


S 0224 General Bill, By Land
 A BILL TO AMEND SECTION 29-5-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO DISSOLUTION OF A MECHANIC'S LIEN FOR FAILURE TO SERVE AND
 FILE STATEMENT, SO AS TO EXTEND FROM NINETY TO ONE HUNDRED EIGHTY DAYS THE
 TIME A PERSON HAS TO FILE THE STATEMENT OF ACCOUNTING FOR THE MECHANIC'S LIEN;
 AND TO AMEND SECTION 29-5-120, RELATING TO THE DISSOLUTION OF A MECHANIC'S
 LIEN IF SUIT FOR ENFORCEMENT IS NOT BROUGHT IN SIX MONTHS, SO AS TO EXTEND THE
 TIME PERIOD TO ENFORCE A LIEN FROM SIX MONTHS TO TWO HUNDRED SEVENTY DAYS.

   01/30/01  Senate Introduced and read first time SJ-8
   01/30/01  Senate Referred to Committee on Banking and Insurance SJ-8



A BILL

TO AMEND SECTION 29-5-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISSOLUTION OF A MECHANIC'S LIEN FOR FAILURE TO SERVE AND FILE STATEMENT, SO AS TO EXTEND FROM NINETY TO ONE HUNDRED EIGHTY DAYS THE TIME A PERSON HAS TO FILE THE STATEMENT OF ACCOUNTING FOR THE MECHANIC'S LIEN; AND TO AMEND SECTION 29-5-120, RELATING TO THE DISSOLUTION OF A MECHANIC'S LIEN IF SUIT FOR ENFORCEMENT IS NOT BROUGHT IN SIX MONTHS, SO AS TO EXTEND THE TIME PERIOD TO ENFORCE A LIEN FROM SIX MONTHS TO TWO HUNDRED SEVENTY DAYS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 29-5-90 of the 1976 Code, as last amended by Act 34 of 1997, is further amended to read:

"Section 29-5-90. (A) Such a The lien shall be is dissolved unless, within one hundred eighty days after he ceases to provide labor or materials for the building or structure, the person desiring to avail himself thereof, within ninety days after he ceases to labor on or furnish labor or materials for such building or structure, of it serves upon on the owner or, in the event if the owner cannot be found, upon on the person in possession and files in the office of the register of deeds or clerk of court of the county in which the building or structure is situated a statement of a just and true account of the amount due him, with. The statement must include all just credits given, together with a an identifying description of the property intended to be covered by the lien sufficiently accurate for identification, with and the name of the owner of the property, if known, which. The certificate shall must be subscribed signed and sworn to by the person claiming the lien or by someone in his behalf and shall be recorded in a book kept for the purpose by the register or clerk who shall be entitled to. The register or clerk may receive the same fees therefore for the recording as for recording mortgages of equal length.

(B) Provided, that in the event If neither the owner nor the person in possession can be is located after diligent search, and this fact is verified by affidavit of the sheriff or his deputy, the lien may be preserved by filing the statement together with the affidavit.

(C) The delivery on the register or clerk for filing, as provided in this section, shall be and constitute is the delivery contemplated with regard to such liens in Title 30 of this Code."

SECTION 2. Section 29-5-120 of the 1976 Code is amended to read:

"Section 29-5-120. Unless a suit for enforcing the lien is commenced, and notice of pendency of the action is filed, within six months two hundred seventy days after the person desiring to avail himself thereof of it ceases to labor on or furnish provide labor or material for such the building or structures structure, the lien shall be is dissolved."

SECTION 3. This act takes effect upon approval by the Governor.

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