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North Carolina
North Carolina Liens for Service to Horses and for the Care of Horses
NOTE: North Carolina has no veterinarian's, farrier's or breeder's
liens. However, it has a lien for services that alter or improve
personal property that is broad enough to cover all three
kinds of services.
STATUTES OF NORTH CAROLINA
CHAPTER 44A. STATUTORY LIENS AND CHARGES.
ARTICLE 1. POSSESSORY LIENS ON PERSONAL PROPERTY
§ 44A-2 Persons entitled to lien on personal property.
(a) Any person who tows, alters, repairs, stores, services,
treats, or improves personal property other than a motor
vehicle in the ordinary course of his business pursuant
to an express or implied contract with an owner or legal
possessor of the personal property has a lien upon the property.
The amount of the lien shall be the lesser of
(1) The reasonable charges for the services and materials;
or
(2) The contract price; or
(3) One hundred dollars ($100.00) if the lienor has dealt
with a legal possessor who is not an owner.This lien shall
have priority over perfected and unperfected security interests.
(b) Any person engaged in the business of operating a hotel,
motel, or boardinghouse has a lien upon all baggage, vehicles
and other personal property brought upon his premises by
a guest or boarder who is an owner thereof to the extent
of reasonable charges for the room, accommodations and other
items or services furnished at the request of the guest
or boarder. This lien shall not have priority over any security
interest in the property which is perfected at the time
the guest or boarder brings the property to said hotel,
motel or boardinghouse.
(c) Any person engaged in the business of boarding animals
has a lien on the animals boarded for reasonable charges
for such boarding which are contracted for with an owner
or legal possessor of the animal. This lien shall have priority
over perfected and unperfected security interests.
(d) Any person who repairs, services, tows, or stores motor
vehicles in the ordinary course of the person's business
pursuant to an express or implied contract with an owner
or legal possessor of the motor vehicle, except for a motor
vehicle seized pursuant to G.S. 20-28.3, has a lien upon
the motor vehicle for reasonable charges for such repairs,
servicing, towing, storing, or for the rental of one or
more substitute vehicles provided during the repair, servicing,
or storage. This lien shall have priority over perfected
and unperfected security interests. Payment for towing and
storing a motor vehicle seized pursuant to G.S. 20-28.3
shall be as provided for in G.S. 20-28.2 through G.S. 20-28.5.
(e) Any lessor of nonresidential demised premises has a
lien on all furniture, furnishings, trade fixtures, equipment
and other personal property to which the tenant has legal
title and which remains on the demised premises if (i) the
tenant has vacated the premises for 21 or more days after
the paid rental period has expired, and (ii) the lessor
has a lawful claim for damages against the tenant. If the
tenant has vacated the premises for 21 or more days after
the expiration of the paid rental period, or if the lessor
has received a judgment for possession of the premises which
is executable and the tenant has vacated the premises, then
all property remaining on the premises may be removed and
placed in storage. If the total value of all property remaining
on the premises is less than one hundred dollars ($100.00),
then it shall be deemed abandoned five days after the tenant
has vacated the premises, and the lessor may remove it and
may donate it to any charitable institution or organization.
Provided, the lessor shall not have a lien if there is an
agreement between the lessor or his agent and the tenant
that the lessor shall not have a lien. This lien shall be
for the amount of any rents which were due the lessor at
the time the tenant vacated the premises and for the time,
up to 60 days, from the vacating of the premises to the
date of sale; and for any sums necessary to repair damages
to the premises caused by the tenant, normal wear and tear
excepted; and for reasonable costs and expenses of sale.
The lien created by this subsection shall be enforced by
sale at public sale pursuant to the provisions of G.S. 44A-4(e).
This lien shall not have priority over any security interest
in the property which is perfected at the time the lessor
acquires this lien.
(e1) This Article shall not apply to liens created by storage
of personal property at a self-service storage facility.
(e2) Any lessor of a space for a manufactured home as defined
in G.S. 143- 143.9(6) has a lien on all furniture, furnishings,
and other personal property including the manufactured home
titled in the name of the tenant if (i) the manufactured
home remains on the demised premises 21 days after the lessor
is placed in lawful possession by writ of possession and
(ii) the lessor has a lawful claim for damages against the
tenant. If the lessor has received a judgment for possession
of the premises which has been executed, then all property
remaining on the premises may be removed and placed in storage.
Prior to the expiration of the 21-day period, the landlord
shall release possession of the personal property and manufactured
home to the tenant during regular business hours or at a
time mutually agreed upon. This lien shall be for the amount
of any rents which were due the lessor at the time the tenant
vacated the premises and for the time, up to 60 days, from
the vacating of the premises to the date of sale; and for
any sums necessary to repair damages to the premises caused
by the tenant, normal wear and tear excepted; and for reasonable
costs and expenses of the sale. The lien created by this
subsection shall be enforced by public sale under G.S. 44A-4(e).
The landlord may begin the advertisement for sale process
immediately upon execution of the writ of possession by
the sheriff, but may not conduct the sale until the lien
has attached. This lien shall not have any priority over
any security interest in the property that is perfected
at the time the lessor acquires this lien. The lessor shall
not have a lien under this subsection if there is an agreement
between the lessor or the lessor's agent and the tenant
that the lessor shall not have a lien.
(f) Any person who improves any textile goods in the ordinary
course of his business pursuant to an express or implied
contract with the owner or legal possessor of such goods
shall have a lien upon all goods of such owner or possessor
in his possession for improvement. The amount of such lien
shall be for the entire unpaid contracted charges owed such
person for improvement of said goods including any amount
owed for improvement of goods, the possession of which may
have been relinquished, and such lien shall have priority
over perfected and unperfected security interests. "Goods"
as used herein includes any textile goods, yarns or products
of natural or man-made fibers or combination thereof. "Improve"
as used herein shall be construed to include processing,
fabricating or treating by throwing, spinning, knitting,
dyeing, finishing, fabricating or otherwise.
(g) Any person who fabricates, casts, or otherwise makes
a mold or who uses a mold to manufacture, assemble, or otherwise
make a product pursuant to an express or implied contract
with the owner of such mold shall have a lien upon the mold.
For a lien to arise under this subsection, there must exist
written evidence that the parties understood that a lien
could be applied against the mold, with the evidence being
in the form either of a written contract or a separate written
statement provided by the potential holder of the lien under
this subsection to the owner of the mold prior to the fabrication
or use of the mold. The written contract or separate written
statement must describe generally the amount of the potential
lien as set forth in this subsection. The amount of the
lien under this subsection shall equal the total of (i)
any unpaid contracted charges due from the owner of the
mold for making the mold, plus (ii) any unpaid contracted
charges for all products made with the mold. The lien under
this subsection shall not have priority over any security
interest in the mold which is perfected at the time the
person acquires this lien. As used in this subsection, the
word "mold" shall include a mold, die, form, or
pattern.
§ 44A-3 When lien arises and terminates.
Liens conferred under this Article arise only when the lienor
acquires possession of the property and terminate and become
unenforceable when the lienor voluntarily relinquishes the
possession of the property upon which a lien might be claimed,
or when an owner, his agent, a legal possessor or any other
person having a security or other interest in the property
tenders prior to sale the amount secured by the lien plus
reasonable storage, boarding and other expenses incurred
by the lienor. The reacquisition of possession of property
voluntarily relinquished shall not reinstate the lien. Liens
conferred under this Article do not terminate when the lienor
involuntarily relinquishes the possession of the property.
§ 44A-4 Enforcement of lien by sale.
(a) Enforcement by Sale.--If the charges for which the lien
is claimed under this Article remain unpaid or unsatisfied
for 30 days or, in the case of towing and storage charges
on a motor vehicle, 10 days following the maturity of the
obligation to pay any such charges, the lienor may enforce
the lien by public or private sale as provided in this section.
The lienor may bring an action on the debt in any court
of competent jurisdiction at any time following maturity
of the obligation. Failure of the lienor to bring such action
within a 180-day period following the commencement of storage
shall constitute a waiver of any right to collect storage
charges which accrue after such period. Provided that when
property is placed in storage pursuant to an express contract
of storage, the lien shall continue and the lienor may bring
an action to collect storage charges and enforce his lien
at any time within 120 days following default on the obligation
to pay storage charges.
The owner or person with whom the lienor dealt may at any
time following the maturity of the obligation bring an action
in any court of competent jurisdiction as by law provided.
If in any such action the owner or other party requests
immediate possession of the property and pays the amount
of the lien asserted into the clerk of the court in which
such action is pending, the clerk shall issue an order to
the lienor to relinquish possession of the property to the
owner or other party. The request for immediate possession
may be made in the complaint, which shall also set forth
the amount of the asserted lien and the portion thereof
which is not in dispute, if any. If within three days after
service of the summons and complaint, as the number of days
is computed in G.S. 1A-1, Rule 6, the lienor does not file
a contrary statement of the amount of the lien at the time
of the filing of the complaint, the amount set forth in
the complaint shall be deemed to be the amount of the asserted
lien. The clerk may at any time disburse to the lienor that
portion of the cash bond, which the plaintiff says in his
complaint is not in dispute, upon application of the lienor.
The magistrate or judge shall direct appropriate disbursement
of the disputed or undisbursed portion of the bond in the
judgment of the court. In the event an action by the owner
pursuant to this section is heard in district or superior
court, the substantially prevailing party in such court
may be awarded a reasonable attorney's fee in the discretion
of the judge.
(b) Notice and Hearings.--
(1) If the property upon which the lien is claimed is a
motor vehicle that is required to be registered, the lienor
following the expiration of the relevant time period provided
by subsection (a) shall give notice to the Division of Motor
Vehicles that a lien is asserted and sale is proposed and
shall remit to the Division a fee of ten dollars ($10.00).
The Division of Motor Vehicles shall issue notice by registered
or certified mail, return receipt requested, to the person
having legal title to the property, if reasonably ascertainable,
to the person with whom the lienor dealt if different, and
to each secured party and other person claiming an interest
in the property who is actually known to the Division or
who can be reasonably ascertained. The notice shall state
that a lien has been asserted against specific property
and shall identify the lienor, the date that the lien arose,
the general nature of the services performed and materials
used or sold for which the lien is asserted, the amount
of the lien, and that the lienor intends to sell the property
in satisfaction of the lien. The notice shall inform the
recipient that the recipient has the right to a judicial
hearing at which time a determination will be made as to
the validity of the lien prior to a sale taking place. The
notice shall further state that the recipient has a period
of 10 days from the date of receipt in which to notify the
Division by registered or certified mail, return receipt
requested, that a hearing is desired and that if the recipient
wishes to contest the sale of his property pursuant to such
lien, the recipient should notify the Division that a hearing
is desired. The notice shall state the required information
in simplified terms and shall contain a form whereby the
recipient may notify the Division that a hearing is desired
by the return of such form to the Division. The Division
shall notify the lienor whether such notice is timely received
by the Division. In lieu of the notice by the lienor to
the Division and the notices issued by the Division described
above, the lienor may issue notice on a form approved by
the Division pursuant to the notice requirements above.
If notice is issued by the lienor, the recipient shall return
the form requesting a hearing to the lienor, and not the
Division, within 10 days from the date the recipient receives
the notice if a judicial hearing is requested. Failure of
the recipient to notify the Division or lienor, as specified
in the notice, within 10 days of the receipt of such notice
that a hearing is desired shall be deemed a waiver of the
right to a hearing prior to the sale of the property against
which the lien is asserted, and the lienor may proceed to
enforce the lien by public or private sale as provided in
this section and the Division shall transfer title to the
property pursuant to such sale. If the Division or lienor,
as specified in the notice, is notified within the 10-day
period provided above that a hearing is desired prior to
sale, the lien may be enforced by sale as provided in this
section and the Division will transfer title only pursuant
to the order of a court of competent jurisdiction.
If the registered or certified mail notice has been returned
as undeliverable, or if the name of the person having legal
title to the vehicle cannot reasonably be ascertained and
the fair market value of the vehicle is less than eight
hundred dollars ($800.00), the lienor may institute a special
proceeding in the county where the vehicle is being held,
for authorization to sell that vehicle. Market value shall
be determined by the schedule of values adopted by the Commissioner
under G.S. 105-187.3.
In such a proceeding a lienor may include more than one
vehicle, but the proceeds of the sale of each shall be subject
only to valid claims against that vehicle, and any excess
proceeds of the sale shall be paid immediately to the Treasurer
for disposition pursuant to Chapter 116B of the General
Statutes.
The application to the clerk in such a special proceeding
shall contain the notice of sale information set out in
subsection (f) hereof. If the application is in proper form
the clerk shall enter an order authorizing the sale on a
date not less than 14 days therefrom, and the lienor shall
cause the application and order to be sent immediately by
first-class mail pursuant to G.S. 1A-1, Rule 5, to each
person to whom notice was mailed pursuant to this subsection.
Following the authorized sale the lienor shall file with
the clerk a report in the form of an affidavit, stating
that the lienor has complied with the public or private
sale provisions of G.S. 44A-4, the name, address, and bid
of the high bidder or person buying at a private sale, and
a statement of the disposition of the sale proceeds. The
clerk then shall enter an order directing the Division to
transfer title accordingly.
If prior to the sale the owner or legal possessor contests
the sale or lien in a writing filed with the clerk, the
proceeding shall be handled in accordance with G.S. 1-301.2.
(2) If the property upon which the lien is claimed is other
than a motor vehicle required to be registered, the lienor
following the expiration of the 30-day period provided by
subsection (a) shall issue notice to the person having legal
title to the property, if reasonably ascertainable, and
to the person with whom the lienor dealt if different by
registered or certified mail, return receipt requested.
Such notice shall state that a lien has been asserted against
specific property and shall identify the lienor, the date
that the lien arose, the general nature of the services
performed and materials used or sold for which the lien
is asserted, the amount of the lien, and that the lienor
intends to sell the property in satisfaction of the lien.
The notice shall inform the recipient that the recipient
has the right to a judicial hearing at which time a determination
will be made as to the validity of the lien prior to a sale
taking place. The notice shall further state that the recipient
has a period of 10 days from the date of receipt in which
to notify the lienor by registered or certified mail, return
receipt requested, that a hearing is desired and that if
the recipient wishes to contest the sale of his property
pursuant to such lien, the recipient should notify the lienor
that a hearing is desired. The notice shall state the required
information in simplified terms and shall contain a form
whereby the recipient may notify the lienor that a hearing
is desired by the return of such form to the lienor. Failure
of the recipient to notify the lienor within 10 days of
the receipt of such notice that a hearing is desired shall
be deemed a waiver of the right to a hearing prior to sale
of the property against which the lien is asserted and the
lienor may proceed to enforce the lien by public or private
sale as provided in this section. If the lienor is notified
within the 10-day period provided above that a hearing is
desired prior to sale, the lien may be enforced by sale
as provided in this section only pursuant to the order of
a court of competent jurisdiction.
(c) Private Sale.--Sale by private sale may be made in
any manner that is commercially reasonable. If the property
upon which the lien is claimed is a motor vehicle, the sale
may not be made until notice is given to the Commissioner
of Motor Vehicles pursuant to G.S. 20-114(c). Not less than
30 days prior to the date of the proposed private sale,
the lienor shall cause notice to be mailed, as provided
in subsection (f) hereof, to the person having legal title
to the property, if reasonably ascertainable, to the person
with whom the lienor dealt if different, and to each secured
party or other person claiming an interest in the property
who is actually known to the lienor or can be reasonably
ascertained. Notices provided pursuant to subsection (b)
hereof shall be sufficient for these purposes if such notices
contain the information required by subsection (f) hereof.
The lienor shall not purchase, directly or indirectly, the
property at private sale and such a sale to the lienor shall
be
voidable.
(d) Request for Public Sale.--If an owner, the person with
whom the lienor dealt, any secured party, or other person
claiming an interest in the property notifies the lienor
prior to the date upon or after which the sale by private
sale is proposed to be made, that public sale is requested,
sale by private sale shall not be made. After request for
public sale is received, notice of public sale must be given
as if no notice of sale by private sale had been given.
(e) Public Sale.--
(1) Not less than 20 days prior to sale by public sale the
lienor:
a. Shall notify the Commissioner of Motor Vehicles as provided
in G.S. 20-114(c) if the property upon which the lien is
claimed is a motor vehicle; and
a1. Shall cause notice to be mailed to the person having
legal title to the property if reasonably ascertainable,
to the person with whom the lienor dealt if different, and
to each secured party or other person claiming an interest
in the property who is actually known to the lienor or can
be reasonably ascertained, provided that notices provided
pursuant to subsection (b) hereof shall be sufficient for
these purposes if such notices contain the information required
by subsection (f) hereof; and
b. Shall advertise the sale
by posting a copy of the notice of sale at the courthouse
door in the county where the sale is to be held;and shall
publish notice of sale once a week for two consecutive weeks
in a newspaper of general circulation in the same county,
the date of the last publication being not less than five
days prior to the sale. The notice of sale need not be published
if the vehicle has a market value of less than three thousand
five hundred dollars ($3,500), as determined by the schedule
of values adopted by the Commissioner under G.S. 105-187.3.
(2) A public sale must be held on a day other than Sunday
and between the hours of 10:00 A.M. and 4:00 P.M.:
a. In any county where any part of the contract giving rise
to the lien was performed, or
b. In the county where the obligation secured by the lien
was contracted for.
(3) A lienor may purchase at public sale.
(f) Notice of Sale.--The notice of sale shall include:
(1) The name and address of the lienor;
(2) The name of the person having legal title to the property
if such person can be reasonably ascertained and the name
of the person with whom the lienor dealt;
(3) A description of the property;
(4) The amount due for which the lien is claimed;
(5) The place of the sale;
(6) If a private sale the date upon or after which the sale
is proposed to be made, or if a public sale the date and
hour when the sale is to be held.
(g) Damages for Noncompliance.--If the lienor fails to
comply substantially with any of the provisions of this
section, the lienor shall be liable to the person having
legal title to the property or any other party injured by
such noncompliance in the sum of one hundred dollars ($100.00),
together with a reasonable attorney's fee as awarded by
the court. Damages provided by this section shall be in
addition to actual damages to which any party is otherwise
entitled.
§ 44A-5 Proceeds of sale.
The proceeds of the sale shall be applied as follows:
(1) Payment of reasonable expenses incurred in connection
with the sale. Expenses of sale include but are not limited
to reasonable storage and boarding expenses after giving
notice of sale.
(2) Payment of the obligation secured by the lien.
(3) Any surplus shall be paid to the person entitled thereto;
but when such person cannot be found, the surplus shall
be paid to the clerk of superior court of the county in
which the sale took place, to be held by the clerk for the
person entitled thereto.
§ 44A-6 Title of purchaser.
A purchaser for value at a properly conducted sale, and
a purchaser for value without constructive notice of a defect
in the sale, whether or not the purchaser is the lienor
or an agent of the lienor, acquires title to the property
free of any interests over which the lienor was entitled
to priority.
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