S 0408 General Bill, By McConnell
 A Bill to amend Section 29-15-10, Code of Laws of South Carolina, 1976,
 relating to liens for repair or storage, so as to expand the notice
 provisions, and to provide for the scheduling of the sale.

   01/25/95  Senate Introduced and read first time SJ-5
   01/25/95  Senate Referred to Committee on Banking and Insurance SJ-5

A BILL

TO AMEND SECTION 29-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS FOR REPAIR OR STORAGE, SO AS TO EXPAND THE NOTICE PROVISIONS, AND TO PROVIDE FOR THE SCHEDULING OF THE SALE.

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

SECTION 1. Section 29-15-10 of the 1976 Code is amended to read:

"Section 29-15-10. It is lawful for any person, proprietor, owner, or operator of any a storage place, garage, or repair shop of whatever any kind or a repairman who makes repairs upon any an article under contract, or who furnishes any material for the repairs to sell the property as provided in this section. When property has been left at his a shop or location for repairs or storage, and after the completion of these repairs or the expiration of the storage contract, and the article has been continuously retained in his possession, the property may be sold at public auction to the highest bidder upon the expiration of thirty days after written notice has been given mailed by the magistrate to the owner of the property at his last known address and to any lienholder of record with a perfected security interest in the property that the repairs have been completed or storage charges are due.

The notice may be sent by certified mail to the last known address. If the notice is returned by the postal service, the attempt to notify constitutes notice. The notice must inform the owner of the property and lienholder of record that:

(1) they have twenty days to pay all outstanding charges to avoid a public sale of the property;

(2) they have twenty days to request a hearing in which they may challenge the necessity for the property sale;

(3) the property may be sold at public auction upon the expiration of thirty days. The property must be sold by any a magistrate of the county in which the work was done or the vehicle or thing was stored. However, only those storage charges which accrued after the day on which written notice was mailed to the lienholder constitutes a lien against the vehicle or property to be sold. The magistrate shall, before selling the property, insure that any lienholder of record has been notified of the pending sale, and the magistrate shall advertise the property for at least fifteen days by posting a notice in three public places in his township.

He shall, After deducting all proper costs and commissions, the magistrate shall pay to the claimant the money due to him, taking his receipt for it, after which he shall deposit the receipt, as well as the items of costs and commissions with the remainder of the money or proceeds of the sale in the office of the clerk of court of the county subject to the order of the owner of the article and any lienholder having perfected security interest in the article or any legal representative of the owner or the lienholder. The magistrate who sells the property is entitled to receive the same commissions as allowed by law for the sale of personal property by constables.

When the value of the property repaired or stored does not exceed ten dollars, the storage owner, operator, or repairman may sell the property at public auction to the highest bidder upon the expiration of thirty days after written notice has been given mailed to the owner of the property that the repairs have been completed or storage charges are due and if a description of the article to be offered for sale and the cost of it has been from the time of the written notice advertised, together with the time and place of the proposed sale, in a prominent place in the shop or garage, on the county bulletin board at the courthouse, and in some other public place. The sale must be made for cash to the highest bidder at the shop or garage at which the repairs were made or storage incurred at ten a.m. on the first Monday of the first month after the thirty days' notice has been given mailed and the true result of the sale must be immediately made known immediately to the original owner of the article sold by notice addressed to the last-known address of the owner."

SECTION 2. This act takes effect upon approval by the Governor.