Section 44-11-1 - Mechanics', laborers', and materialmen's liens on personal property--Extent of lien--Abandonment--Application to motor vehicles. - South-dakota Statutes

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Statutes > South-dakota > Title-44 > Chapter-11 > Statute-44-11-1

44-11-1. Mechanics', laborers', and materialmen's liens on personal property--Extent of lien--Abandonment--Application to motor vehicles. If a person, at the request or consent of the owner or person lawfully in possession, furnishes any services, skill, labor, materials, parts, accessories, supplies, or facilities for the alteration, repair, replacement of parts, storage, keeping, maintenance, or preservation of any personal property, such person shall have a lien thereon, dependent on possession, or notice as provided by this chapter on the property to the extent of a reasonable charge. However, if there is an agreed price, the lien is to the extent of such agreed price.
Personal property left for repair at a place of business in this state shall be considered abandoned and may be sold if the property is unclaimed by its owner for a period of ninety days after written notice of the intent to sell the property is given to the owner at the owner's last known address by certified mail. The sale is subject to liens, mortgages, and other creditors' interest properly filed or perfected before the date that the personal property came into the possession of the place of business. The abandoned personal property shall be sold under the provisions of chapter 21-54. This section does not apply to any motor vehicle as defined by § 32-3-1.

Source: CivC 1877, § 1806; CL 1887, § 4441; RCivC 1903, § 2153; RC 1919, § 1694; SL 1925, ch 216, § 1; SL 1927, ch 160, § 1; SDC 1939, § 39.0801; SL 1991, ch 368; SL 2005, ch 154, § 1.

State Codes and Statutes

Statutes > South-dakota > Title-44 > Chapter-11 > Statute-44-11-1

44-11-1. Mechanics', laborers', and materialmen's liens on personal property--Extent of lien--Abandonment--Application to motor vehicles. If a person, at the request or consent of the owner or person lawfully in possession, furnishes any services, skill, labor, materials, parts, accessories, supplies, or facilities for the alteration, repair, replacement of parts, storage, keeping, maintenance, or preservation of any personal property, such person shall have a lien thereon, dependent on possession, or notice as provided by this chapter on the property to the extent of a reasonable charge. However, if there is an agreed price, the lien is to the extent of such agreed price.
Personal property left for repair at a place of business in this state shall be considered abandoned and may be sold if the property is unclaimed by its owner for a period of ninety days after written notice of the intent to sell the property is given to the owner at the owner's last known address by certified mail. The sale is subject to liens, mortgages, and other creditors' interest properly filed or perfected before the date that the personal property came into the possession of the place of business. The abandoned personal property shall be sold under the provisions of chapter 21-54. This section does not apply to any motor vehicle as defined by § 32-3-1.

Source: CivC 1877, § 1806; CL 1887, § 4441; RCivC 1903, § 2153; RC 1919, § 1694; SL 1925, ch 216, § 1; SL 1927, ch 160, § 1; SDC 1939, § 39.0801; SL 1991, ch 368; SL 2005, ch 154, § 1.

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State Codes and Statutes

Statutes > South-dakota > Title-44 > Chapter-11 > Statute-44-11-1

44-11-1. Mechanics', laborers', and materialmen's liens on personal property--Extent of lien--Abandonment--Application to motor vehicles. If a person, at the request or consent of the owner or person lawfully in possession, furnishes any services, skill, labor, materials, parts, accessories, supplies, or facilities for the alteration, repair, replacement of parts, storage, keeping, maintenance, or preservation of any personal property, such person shall have a lien thereon, dependent on possession, or notice as provided by this chapter on the property to the extent of a reasonable charge. However, if there is an agreed price, the lien is to the extent of such agreed price.
Personal property left for repair at a place of business in this state shall be considered abandoned and may be sold if the property is unclaimed by its owner for a period of ninety days after written notice of the intent to sell the property is given to the owner at the owner's last known address by certified mail. The sale is subject to liens, mortgages, and other creditors' interest properly filed or perfected before the date that the personal property came into the possession of the place of business. The abandoned personal property shall be sold under the provisions of chapter 21-54. This section does not apply to any motor vehicle as defined by § 32-3-1.

Source: CivC 1877, § 1806; CL 1887, § 4441; RCivC 1903, § 2153; RC 1919, § 1694; SL 1925, ch 216, § 1; SL 1927, ch 160, § 1; SDC 1939, § 39.0801; SL 1991, ch 368; SL 2005, ch 154, § 1.