45-806 — LIEN FOR MAKING, ALTERING, OR REPAIRING PERSONAL PROPERTY
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TITLE 45
LIENS, MORTGAGES AND PLEDGES
CHAPTER 8
MISCELLANEOUS LIENS
45-806. LIEN FOR MAKING, ALTERING, OR REPAIRING PERSONAL PROPERTY. Any
person, firm or corporation, who makes, alters or repairs any article of
personal property, at the request of the owner or person in legal possession
thereof, has a lien, which said lien shall be superior and prior to any
security interest in the same for his reasonable charges for work done and
materials furnished, and may retain possession of the same until the charges
are paid. If not paid within two (2) months after the work is done, the
person, firm or corporation may proceed to sell the property at public
auction, by giving ten (10) days' public notice of the sale by advertising in
some newspaper published in the county in which the work was done; or, if
there be no newspaper published in the county, then by posting up notices of
the sale in three (3) public places in the town where the work was done, for
ten (10) days previous to the sale. The proceeds of the sale must be applied
to the discharge of the lien and the cost of keeping and selling the property;
the remainder, if any, must be paid over to the owner thereof. Provided that
the said person, firm or corporation who is about to make, alter or repair the
said property, in order to derive the benefits of this section, must, before
commencing said making, altering or repairing, give notice of the intention to
so make, alter or repair said property, by registered mail, to any holder of a
security interest which is of record in the county where said property is
located, or in the office of the secretary of state, and, if a motor vehicle,
to any holder of a security interest which may appear on the certificate of
title of said vehicle, at least three (3) days before commencing said making,
altering or repairing and if notice in writing within said three (3) days be
not given by such holder of a security interest notifying said firm or
corporation not to perform said services then the said making, altering or
repairing may proceed and the prior lien provided for herein attaches to said
property.