H*3441 Session 108 (1989-1990)
H*3441(Rat #0443, Act #0394 of 1990) General Bill, By D.E. Winstead and
D.N. Holt
A Bill to amend Section 29-15-10, Code of Laws of South Carolina, 1976,
relating to the lien for material which has been repaired or stored, so as to
reduce from sixty to thirty days the period after which property may be sold
at public auction to the highest bidder for failure to pay for the storage or
repairs.-amended title
02/07/89 House Introduced and read first time HJ-15
02/07/89 House Referred to Committee on Labor, Commerce and
Industry HJ-15
01/24/90 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-3
01/30/90 House Amended HJ-33
01/30/90 House Read second time HJ-36
01/31/90 House Read third time and sent to Senate HJ-15
02/01/90 Senate Introduced and read first time SJ-9
02/01/90 Senate Referred to Committee on Judiciary SJ-9
03/07/90 Senate Committee report: Favorable with amendment
Judiciary SJ-21
03/08/90 Senate Amended SJ-16
03/08/90 Senate Read second time SJ-16
03/08/90 Senate Unanimous consent for third reading on next
legislative day SJ-17
03/09/90 Senate Read third time and returned to House with
amendments SJ-2
03/21/90 House Concurred in Senate amendment and enrolled HJ-37
03/29/90 Ratified R 443
04/03/90 Signed By Governor
04/03/90 Effective date 04/03/90
04/03/90 Act No. 394
04/24/90 Copies available
(A394, R443, H3441)
AN ACT TO AMEND SECTION 29-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE LIEN FOR MATERIAL WHICH HAS BEEN REPAIRED OR STORED, SO
AS TO REDUCE FROM SIXTY TO THIRTY DAYS THE PERIOD AFTER WHICH PROPERTY
MAY BE SOLD AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR FAILURE TO PAY
FOR THE STORAGE OR REPAIRS.
Be it enacted by the General Assembly of the State of South Carolina:
Lien property may be sold
SECTION 1. Section 29-15-10 of the 1976 Code is amended to read:
"Section 29-15-10. It is lawful for any proprietor, owner, or
operator of any storage place, garage, or repair shop of whatever kind
or repairman who makes repairs upon any article under contract or
furnishes any material for the repairs to sell the property as provided
in this section. When property has been left at his shop 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 to the owner of the property and to any lienholder with a perfected
security interest in the property that the repairs have been completed
or storage charges are due. The property must be sold by any 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, 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 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 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 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."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 3rd day of April, 1990.
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