Title 44, Chapter 14, Section 363
( 44-14-363)
(a) All mechanics of every sort shall have a special lien on personal property for work done and material furnished in manufacturing or repairing the personal property and for storage of the personal property after its manufacture or repair, which storage begins accruing after 30 days' written notice to the owner of the fact that storage is accruing and of the daily dollar amount thereof; and said notice shall be mailed to the owner by certified mail or statutory overnight delivery addressed to the owner at his last known address. Such special liens may be asserted by the retention of the personal property or the mechanic may surrender the personal property and give credit when the lien is enforced in accordance with Code Section 44-14-550; and if such special liens are asserted by retention of the personal property, the mechanic shall not be required to surrender the property to the holder of a subordinate security interest or lien. Such liens shall be superior to all liens except liens for taxes and, except as provided in subsection (2) of Code Section 11-9-310, such other liens as the mechanic may have had actual notice of before the work was done or material furnished. (b) The maximum amount of storage that may be charged shall be $1.00
per day. Nothing contained in this Code section shall allow a fee
for storage to be charged on any item with a fair market value in
excess of $200.00. Storage charges pursuant to this Code section
shall not apply to motor vehicles now or hereafter covered by
Chapter 3 of Title 40 nor shall the storage fee be charged if there
is a bona fide dispute between the customer and the mechanic as to
the manner of repair or the charges for repair. (c)(1) When possession of the property is surrendered to the
debtor, the mechanic shall record his claim of lien within 90 days
after the work is done and the material is furnished or, in the
case of repairs made on or to aircraft or farm machinery, within
180 days after the work is done and the material is furnished. The
claim of lien shall be recorded in the office of the clerk of the
superior court of the county where the owner of the property
resides. The claim shall be in substance as follows: "A.B., mechanic, claims a lien on _______ (here describe the
property) of C.B., for work done, material furnished, and
storage accruing (as the case may be) in manufacturing,
repairing, and storing (as the case may be) the same." (2) If possession of the personal property subject to a special
lien as provided in this Code section is surrendered to the debtor
and if such special lien is not preserved by recording the claim
of lien as provided in paragraph (1) of this subsection, the
mechanic acquires a special lien on other personal property
belonging to the debtor which comes into the possession of the
mechanic, except that this sentence shall not apply to consumer
goods which are being used by a consumer for personal, family, or
household purposes or which have been bought by a consumer for use
for personal, family, or household purposes. The special lien
created by this paragraph shall be subject to the provisions of
this Code section as to foreclosure and recording. |