SECTION 29-15-10. Liens for repairs or
storage; sale of articles.
(A) A proprietor, an owner, or an operator of any towing company, storage facility,
garage, or repair shop, or any person who repairs or furnishes any material for
repairs to an article may sell the article at public auction to the highest
bidder if:
(1) the article has been left at the shop for
repairs or storage and the repairs have been completed or the storage contract
has expired;
(2) the article has been continuously retained in
his possession; and
(3) thirty days have passed since written notice was given to the owner of
the article and to any lienholder that the repairs
have been completed or the storage contract has expired.
The article must be sold by a magistrate of the county in which the repairs
were done or the article was stored.
(B) Storage costs may be charged that have accrued before the notification
of the owner and lienholder, by certified or
registered mail, of the location of the article. Notification to the owner and lienholder by the proprietor, owner, or operator of the
towing company, storage facility, garage, or repair shop must occur within five
days, after receiving the owner's and lienholders'
identities. If the notice is not mailed within this period, storage costs after
the five-day period must not be charged until the notice is mailed.
(C) Before the article is sold, the proprietor, owner, or operator of any
towing company, storage facility, garage, or repair shop, or any person who
repairs or who furnishes material for repairs to the article must apply to the
appropriate titling facility including, but not limited to, the Department of
Motor Vehicles or the Department of Natural Resources for the name and address
of any owner or lienholder. For nontitled
articles, where the owner's name is known, a search must be conducted through
the Secretary of State's Office to determine any lienholders.
The application must be on prescribed forms as required by the appropriate
titling facility or the Secretary of State. If the article has an out-of-state
registration, an application must be made to that state's appropriate titling
facility. When the article is not titled in this State and does not have a
registration from another state, the proprietor, owner, or operator of any
towing company, storage facility, garage, or repair shop, or any person who
repairs or who furnishes material for repairs to the article may apply to the
sheriff or chief of police in the jurisdiction where the article is stored to
determine the state where the article is registered. The sheriff or chief of
police shall conduct a records search. This search must include, but is not limited
to, a search on the
(D) The magistrate, before selling the article, shall ensure that the owner
or any lienholder of record has been notified of the
pending sale. The magistrate must advertise the article for at least fifteen
days by posting a notice in three public places in his township. The magistrate
must pay to the proprietor, owner, or operator of any towing company, storage
facility, garage, or repair shop, or any person who repairs or who furnishes
material for repairs to the article the money due, receiving a receipt in
return. Any remainder of the sale proceeds must be held by the magistrate for
the owner of the vehicle or entitled lienholder for
ninety days. The magistrate must notify the owner and all lienholders
by certified or registered mail, return receipt requested, that the article
owner or lienholder has ninety days to claim the
proceeds from the sale of the article. If the article proceeds are not
collected within ninety days from the day after the notice to the owner and all
lienholders is mailed, then the article proceeds must
be deposited in the general fund of the county or municipality.
(E) A proprietor, an owner, or an operator of the towing company, storage
facility, garage, or repair shop, or any person who repairs or who furnishes
material for repairs to the article may hold the license tag of any vehicle
until all towing and storage costs have been paid, or if the vehicle is not
reclaimed, until it is declared abandoned and sold.
(F) A proprietor, an owner, or an operator of the towing company, storage
facility, garage, or repair shop, or any person who repairs or who furnishes
material for repairs to the article must place a minimum bid of one dollar on
the article being sold at public auction. If no higher bid is offered, the
article must be awarded to the proprietor, owner, operator, or person who
repairs or who furnishes material for repairs to the article at no cost.
(G) For purposes of this section, "article" means a motor vehicle,
trailer, mobile home, watercraft, or any other item or object
that is subject to towing, storage, or repair and applies to any article in
custody at the time of the enactment of this section. "Article"
includes:
(1) items that are towed and left in the possession
of a towing, storage, garage, or repair facility;
(2) contents contained in the article; and
(3) personal property affixed to the article.