2006 Code of Virginia § 43-32 - Lien of keeper of livery stable, garage, marina, etc

43-32. Lien of keeper of livery stable, garage, marina, etc.

A. Every keeper of a livery stable, hangar, tie-down, marina, or garage, andevery person pasturing or keeping any horses or other animals, vehicles,boats, aircraft, or harness, shall have a lien upon such horses and otheranimals, vehicles, boats, aircraft, and harness, for the amount which may bedue him for the towing, storage, recovery, keeping, supporting, and carethereof, until such amount is paid.

B. In the case of any boat, aircraft, or vehicle subject to a chattelmortgage, security agreement, deed of trust, or other instrument securingmoney, the keeper of the marina, hangar, tie-down, or garage shall have alien thereon for his reasonable charges for storage under this section not toexceed $500 and for alteration and repair under 43-33 not to exceed $800.However, in the case of a storage lien, to obtain the priority for an amountin excess of $300, the person asserting the lien shall make a reasonableattempt to notify any secured party of record at the Department of MotorVehicles or the Department of Game and Inland Fisheries by telephonic meansand shall give written notice by certified mail, return receipt requested, toany secured party of record at the Department of Motor Vehicles or theDepartment of Game and Inland Fisheries within seven business days of takingpossession of the boat, aircraft or vehicle. If the secured party does not,within seven business days of receipt of the notice, take or refuseredelivery to it or its designee, the lienor shall be entitled to priorityfor the full amount of storage charges, not to exceed $500. Notwithstanding aredelivery, the vehicle or watercraft shall be subject to subsection D.

C. In addition, any person furnishing services involving the towing andrecovery of a boat, aircraft or vehicle, shall have a lien for all normalcosts incident thereto, if the person asserting the lien gives written noticewithin seven days of receipt of the boat, aircraft or vehicle by certifiedmail, return receipt requested, to all secured parties of record at theDepartment of Motor Vehicles or the Department of Game and Inland Fisheries.

D. In addition, any keeper shall be entitled to a lien against any proceedsremaining after the satisfaction of all prior security interests or liens,and may retain possession of such property until such charges are paid.

E. Any lien created under this section shall not extend to any personalproperty which is not attached to or considered to be necessary for theproper operation of any motor vehicle, and it shall be the duty of any keeperof such personal property to return it to the owner if the owner claims theitems prior to auction.

F. For the purposes of this section, in the case of a truck or combination ofvehicles, the owner or in the case of a rented or leased vehicle, the lesseeof the truck or tractor truck shall be liable for the costs of the towing,recovery, and storage of the cargo and of any trailer or semitrailer in thecombination. Nothing in this subsection, however, shall bar the owner of thetruck or tractor truck from subsequently seeking to recover from the owner ofany trailer, semitrailer, or cargo all or any portion of these towing,recovery, and storage costs.

(Code 1919, 6445; 1968, c. 320; 1970, c. 56; 1976, c. 77; 1977, c. 382;1981, c. 453; 1984, c. 396; 1988, c. 120; 1990, c. 665; 1992, c. 403; 1999,c. 533; 2004, c. 215; 2005, c. 98; 2006, cc. 874, 891.)