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Current Status Bill Number:View additional legislative information at the LPITS web site.152 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990112 Primary Sponsor:Hutto All Sponsors:Hutto, Rankin, Washington Drafted Document Number:l:\s-res\cbh\003mech.efd.doc Residing Body:Senate Current Committee:Banking and Insurance Committee 02 SBI Subject:Mechanic's liens, lienholder to serve notice within 120 days, enforcement of suit; Businesses, Property History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 19990112 Introduced, read first time, 02 SBI referred to Committee Senate 19981216 Prefiled, referred to Committee 02 SBI Versions of This Bill
TO AMEND SECTION 29-5-90 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT A LIENHOLDER HAS 120 DAYS, INSTEAD OF NINETY DAYS, AFTER THE WORK IS PERFORMED OR THE GOODS PROVIDED, TO SERVE NOTICE ON THE OWNER; AND TO AMEND SECTION 29-5-120 OF THE 1976 CODE, AS AMENDED, TO PROVIDE THAT A SUIT FOR ENFORCING THE LIEN MUST BE COMMENCED WITHIN SEVEN MONTHS AFTER THE PERSON DESIRING TO AVAIL HIMSELF THEREOF CEASES TO LABOR ON OR FURNISH LABOR OR MATERIAL FOR SUCH BUILDING OR STRUCTURES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 29-5-90 of the 1976 Code is amended to read:
"Section 29-5-90. Such a lien shall be is dissolved unless the person desiring to avail himself thereof, within ninety 120 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 must be subscribed and sworn to by the person claiming the lien or by someone in his behalf and shall must be recorded in a book kept for the purpose by the register or clerk who shall be is entitled to the same fees therefor as for recording mortgages of equal length. Provided, that in the event 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 constitutes 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 seven months after the person desiring to avail himself thereof ceases to labor on or furnish labor or material for such building or structures, the lien shall be is dissolved."
SECTION 3. This act takes effect upon approval by the Governor.
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