South Carolina General Assembly
116th Session, 2005-2006

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H. 3987

STATUS INFORMATION

General Bill
Sponsors: Reps. Huggins, E.H. Pitts and Toole
Document Path: l:\council\bills\bbm\10700mm05.doc

Introduced in the House on April 26, 2005
Currently residing in the House Committee on Labor, Commerce and Industry

Summary: Mechanics liens

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   4/26/2005  House   Introduced and read first time HJ-33
   4/26/2005  House   Referred to Committee on Labor, Commerce and Industry 
                        HJ-33

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/26/2005

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 29-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISSOLUTION OF A MECHANIC'S LIEN IF SUIT FOR ENFORCEMENT OF THE LIEN IS NOT COMMENCED WITHIN SIX MONTHS OF ITS FILING, SO AS TO PROVIDE FOR THE FORM AND SUBSTANCE OF AN "AFFIDAVIT OF CANCELLATION OF MECHANIC'S LIEN" FOR FILING AS RECORD PROOF OF DISSOLUTION OF THE LIEN.

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

SECTION    1.    Section 29-5-120 of the 1976 Code is amended to read:

"Section 29-5-120.    (A)    Unless a suit for enforcing the lien described in Section 29-5-10 is commenced, and notice of pendency of the action is filed, within six months after the person desiring to avail himself thereof filing the lien ceases to labor on or furnish labor or material for such the building or structures, the lien shall be is dissolved.

(B)    At any time after six months of the filing of the lien and the failure to commence a suit to enforce the lien, the owner or other person having an interest in the property may file an 'Affidavit of Cancellation of Mechanic's Lien' executed by his attorney and in substantially the following form:

'Whereas, a Mechanic's Lien was filed on _______________ in the Register of Deeds, Book ________ Page ________; and

Whereas, the undersigned hereby affirms that a suit has not been filed on this claim in a court of competent jurisdiction as of the date of this writing; and

Whereas, in accordance with Section 29-5-120, the Lien is hereby dissolved.

Now, therefore, in accordance with Section 29-5-110, the Defendant hereby requests release of the ___________________bond filed on__________________ in the Register of Deeds, Book_______ Page______, and remittance of a check in the amount of $____________ made payable to ____________________________________________________at (address)__________________________________________.'"

SECTION    2.    This act takes effect upon approval by the Governor.

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