1.
The property must have been continuously in the possession of the
repairman / storageman since the completion of the repairs or expiration
of the storage contract.
2.
Written notice must be sent to the owner
that the repairs have been completed or that storage charges are now due,
and that the charges must be paid thirty (30) days after the mailing of
the notice or the property will be sold at auction to satisfy the repair
bill / storage bill. A copy of the notice sent to the owner must
accompany the filing of the Petition for Judicial Sale.
3.
Written notice must be given to any lienholder (just like the owner in
step 2) with a perfected security interest in the property. A copy
of the notice sent to the lienholder must accompany the filing of the
Petition for Judicial Sale.
4.
Form TR-2
must be sent to the South Carolina Department of Highways &
Public Transportation if you are proceeding against a vehicle. The
Title Research Report received from the Department of Highways must
accompany the filing of the Petition for Judicial Sale.
5.
Note: Oral notice is not proper notice for storage
charges under §29-15-10.
6.
A
Petition for Judicial Sale must be
filed with the court and a $35.00 filing fee paid. The information
contained in the Petition should either be typed or
neatly printed. The property listed in the Petition must be
described in as much detail as possible. If a vehicle is to be
sold, you will need to list the owner, any lienholder(s), the Vehicle
Identification Number (VIN), and the make and model of the vehicle.
7.
When the person requesting the judicial sale signs the Petition,
that person is certifying that they have complied with
§29-15-10. If the requirements of §29-15-10 and the
court have not been followed, or if incorrect information has been
provided, the person filing the Petition will be held responsible
because the Court is relying on the information provided before ordering
the judicial sale.