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S.C. Code Ann. § 39-69-40

Molders' liens; written notice of lien; failure to pay amount due

Known as the South Carolina Mold Lien and Retention Act

The act spans §§ 39–39 (6 sections).

Applied in 1 court decision — leading case Bank of America, N.A. v. Outboard Marine Corp. (In Re Outboard Marine Corp.) (2004)

Most recently applied in Bank of America, N.A. v. Outboard Marine Corp. (In Re Outboard Marine Corp.) (January 2004)

1997 Act No. 7, SECTION 1, eff March 31, 1997.

(A) Molders have a lien, dependent on possession, on all dies, molds, forms, or patterns in their hands belonging to a customer for the balance due them from the customer for any manufacturing or fabrication work, and in the value of all material related to the work. The molder may retain possession of the die, mold, form, or pattern until the charges are paid.

(B) Before enforcing the lien, notice in writing must be given to the customer, whether delivered personally or sent by registered mail to the last-known address of the customer. This notice must state that a lien is claimed for the damages set forth in or attached to the writing for manufacturing or fabrication work contracted or performed for the customer. This notice also must include a demand for payment.

(C) If the molder has not been paid the amount due within sixty days after the notice has been received by the customer as provided in subsection (B), the molder may sell the die, mold, form, or pattern at a public auction.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.