South Carolina General Assembly
113th Session, 1999-2000

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Bill 1052


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      1052
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20000120
Primary Sponsor:                  Land
All Sponsors:                     Land
Drafted Document Number:          l:\s-jud\bills\land\jud0085.jcl.doc
Residing Body:                    Senate
Current Committee:                Banking and Insurance Committee 02 SBI
Subject:                          Mechanic's liens, dissolution of; filing 
                                  time, lien enforcement; Businesses and 
                                  Corporations, Property


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20000120  Introduced, read first time,           02 SBI
                  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, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISSOLUTION OF A MECHANIC'S LIEN FOR FAILURE TO SERVE AND FILE STATEMENT, SO AS TO EXTEND FROM NINETY TO ONE HUNDRED AND EIGHTY DAYS THE TIME A PERSON HAS TO FILE A MECHANIC'S LIEN; AND TO AMEND SECTION 29-5-120, RELATING TO THE DISSOLUTION OF A MECHANIC'S LIEN IF SUIT IS NOT BROUGHT IN SIX MONTHS, SO AS TO EXTEND THE TIME PERIOD TO ENFORCE A LIEN FROM SIX MONTHS TO TWO HUNDRED AND SEVENTY DAYS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 29-5-90 of the 1976 Code is 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 and eighty 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 is subscribed and sworn to by the person claiming the lien or by someone in his behalf and shall must be recorded in a book kept for the purpose by the register or clerk who shall be is entitled to the same fees therefor as for recording mortgages of equal length. Provided, However, that in the event 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 is and constitutes the delivery contemplated with regard to such liens in Title 30 of this Code."

SECTION 2. Section 29-5-120 of the 1976 Code is amended to read:

"Section 29-5-120. Unless a suit for enforcing the lien is commenced, and notice of pendency of the action is filed, within six months two hundred and seventy days after the person desiring to avail himself thereof ceases to labor on or furnish labor or material for such the building or structures, the lien shall be is dissolved."

SECTION 3. This act takes effect upon approval by the Governor.

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