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Current Status Bill Number:View additional legislative information at the LPITS web site.4805 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20000322 Primary Sponsor:Kirsh All Sponsors:Kirsh Drafted Document Number:l:\council\bills\pt\1967dw00.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Mechanic's liens, lienholder has 120 days for service and filing account statement on owner; Property, Businesses History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000322 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND SECTION 29-5-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS' LIENS, THE STATEMENT OF ACCOUNT WHICH MUST BE SERVED ON THE OWNER TO PRESERVE THE LIEN, AND THE CONTENTS OF THE STATEMENT, SO AS TO CHANGE FROM NINETY DAYS TO ONE HUNDRED TWENTY DAYS THE TIME PERIOD FOR SERVICE AND FILING UNDER THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 29-5-90 of the 1976 Code, as amended by Act 34 of 1997, is further amended to read:
"Section 29-5-90. Such a lien shall be dissolved unless the person desiring to avail himself thereof, within ninety one hundred twenty days after he ceases to labor on or furnish labor or materials for such building or structure, serves upon the owner or, in the event the owner cannot be found, upon 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 all just credits given, together with a description of the property intended to be covered by the lien sufficiently accurate for identification, with the name of the owner of the property, if known, which certificate shall be subscribed 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 same fees therefor as for recording mortgages of equal length. Provided, that in the event If neither the owner nor the person in possession can be 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. The delivery on the register or clerk for filing, as provided in this section, shall be and constitute the delivery contemplated with regard to such liens in Title 30 of this Code."
SECTION 2. This act takes effect upon approval by the Governor.
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