H 4898 Session 110 (1993-1994)
H 4898 General Bill, By Sharpe
A Bill to amend Section 29-15-10, Code of Laws of South Carolina, 1976,
relating to to liens for repair or storage, so as to expand circumstances
under which a lien occurs, to expand the notice provisions, and to provide for
the scheduling of the sale; to amend Section 56-5-5640, relating to sale of
unclaimed vehicles, so as to allow for the sale by a magistrate pursuant to
Section 29-15-10; and to amend Section 56-5-5900, relating to liability of
lienholders of stolen vehicles, so as to provide that owners or lienholders of
stolen vehicles are not exempt from towing and storage costs when a vehicle is
recovered.
03/09/94 House Introduced and read first time HJ-6
03/09/94 House Referred to Committee on Judiciary HJ-6
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 CIRCUMSTANCES UNDER
WHICH A LIEN OCCURS, TO EXPAND THE NOTICE
PROVISIONS, AND TO PROVIDE FOR THE SCHEDULING OF
THE SALE; TO AMEND SECTION 56-5-5640, RELATING TO SALE
OF UNCLAIMED VEHICLES, SO AS TO ALLOW FOR THE SALE
BY A MAGISTRATE PURSUANT TO SECTION 29-15-10; AND TO
AMEND SECTION 56-5-5900, RELATING TO LIABILITY OF
LIENHOLDERS OF STOLEN VEHICLES, SO AS TO PROVIDE
THAT OWNERS OR LIENHOLDERS OF STOLEN VEHICLES ARE
NOT EXEMPT FROM TOWING AND STORAGE COSTS WHEN A
VEHICLE IS RECOVERED.
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 article under a
written or implied 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, or the property was
stored for reasons other than repairs or pursuant to a storage contact and
has not been reclaimed 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 to the owner of the
property and to any recorded lienholder with a perfected
security interest in the property that the repairs have been completed or
storage charges are due that the property is stored there and
that charges for repairs, materials, storage, recoupment of fees incurred
to determine ownership or lienholders and their notice, or other accrued
charges are due. The notice must be sent by certified mail to
the last address known. If the notice is returned by the post office, the
attempt to notify constitutes notice.
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 a lienholder's liability
for storage is only for those storage charges occurring after the day
written notice is mailed to the lienholder. The magistrate
shall, before selling the property, insure shall
ensure that any a lienholder of record has been
notified or an attempt has been made to notify him 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.
If the identity of the owner or lienholder cannot be determined,
notice by one publication in a newspaper of general circulation in the
area where the property is stored is sufficient to meet all the
requirements of notice. The notice by publication may contain multiple
listings of unclaimed property. The notice shall describe the property
and list the storage location address and must be published at least ten
days before the sale of the property.
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
lienholders having perfected security interest in the article or any legal
representative of the owner or the lienholder. The purchaser takes
possession and title to the property free of any and all previous
liens. 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. The public auction must be scheduled at a
time convenient to the magistrate conducting the auction and at the
location where the property is stored.
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 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 and the true result of the sale must be immediately made
known to the original owner of the article sold by notice addressed to the
last-known address of the owner."
SECTION 2. Section 56-5-5640 of the 1975 Code is amended to read:
"Section 56-5-5640. If an abandoned vehicle has not been
reclaimed as provided for in Section 56-5-5630, the sheriff or chief of
police shall sell the abandoned vehicle at a public auction, or a
magistrate in the county shall sell the vehicle in accordance with Section
29-15-10. The purchaser of the vehicle shall take
takes title to it free and clear of all liens and claims of
ownership, shall receive receives a sales receipt from
the sheriff, or chief of police, or magistrate and
shall be entitled to may register the purchased vehicle
and receive a certificate of title. The sales receipt at such sale shall
be, in the event the purchaser plans to dispose of the vehicle for
salvage, is sufficient title only for purposes of transferring
the vehicle to a demolisher for demolition, wrecking, or
dismantling, and in such case no further titling of the
vehicle shall be is necessary. The expenses of the
auction, the costs of towing, preserving, and storing the vehicle
which resulted from placing the vehicle in custody, and all notice and
publication costs incurred pursuant to Section 56-5-5630 or
29-15-10, shall must be reimbursed from the
proceeds of the sale of the vehicle. Only the agency actually
holding the sale is entitled to reimbursement of costs incurred. Any
remainder from the proceeds of the sale shall must be
held for the owner of the vehicle or entitled lienholder for ninety days
and then shall must be deposited in the general fund of
the county or municipality."
SECTION 3. Section 56-5-5900 of the 1976 Code is amended to read:
"Section 56-5-5900. No A lienholder shall
be is not subject to any a penalty imposed
by law in this State for abandonment unless the motor vehicle is
abandoned by the lienholder or his agent or servant. No
An owner of a motor vehicle which has been stolen and
thereafter abandoned, as defined by this article, shall be is
not liable for any charges or penalties imposed herein in
this article. This section does not exempt the owner or
lienholder from liability for towing and storage costs when a vehicle is
recovered. A motor vehicle shall be deemed to be is
considered stolen when the owner notifies a police officer of this
State and such the report is accepted and carried on the
records of the sheriff, chief of police, or department as a stolen
motor vehicle."
SECTION 4. This act takes effect upon approval by the Governor.
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