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Information

Judicial Sales To Satisfy Storage / Repair Liens

 

A magistrate can order the public sale of property to satisfy liens for repairs, materials for repairs, or storage only when the conditions set forth in S. C. Code Section 29-15-10 are met.  Those conditions are as follows:

1.  The property must have been continuously in the possession of the repairman / storageman since the completion of the repairs or expiration of the storage contract.

 

2.  Written notice must be sent to the owner that the repairs have been completed or that storage charges are now due, and that the charges must be paid thirty (30) days after the mailing of the notice or the property will be sold at auction to satisfy the repair bill / storage bill.  A copy of the notice sent to the owner must accompany the filing of the Petition for Judicial Sale.

 

3.  Written notice must be given to any lienholder (just like the owner in step 2) with a perfected security interest in the property.  A copy of the notice sent to the lienholder must accompany the filing of the Petition for Judicial Sale.

 

4.  Form TR-2 must be sent to the South Carolina Department of Highways & Public Transportation if you are proceeding against a vehicle.  The Title Research Report received from the Department of Highways must accompany the filing of the Petition for Judicial Sale.

 

5.  Note:  Oral notice is not proper notice for storage charges under 29-15-10.

 

6.  A Petition for Judicial Sale must be filed with the court and a $35.00 filing fee paid.  The information contained in the Petition should either be typed or neatly printed.  The property listed in the Petition must be described in as much detail as possible.  If a vehicle is to be sold, you will need to list the owner, any lienholder(s), the Vehicle Identification Number (VIN), and the make and model of the vehicle.

 

7. When the person requesting the judicial sale signs the Petition, that person is certifying that they have complied with 29-15-10.   If  the requirements of 29-15-10 and the court have not been followed, or if incorrect information has been provided, the person filing the Petition will be held responsible because the Court is relying on the information provided before ordering the judicial sale.

The Court will advertise the property for at least fifteen days by posting a notice in three public places.  It is important that the repairman / storageman attend the sale to "bid in" his interest in the property.  After the sale, the Court will prepare a Bill of Sale and deliver it to the successful bidder.  The successful bidder should check the Bill of Sale to confirm its correctness.