South Carolina General Assembly
113th Session, 1999-2000

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Bill 4805


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      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

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A 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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