§ 16-302. Lien for repair of goods

   (a) Creation of lien. -- Any artisan who, with the consent of the owner, has possession of goods for repair, mending, improving, dry cleaning, laundering, or other work which includes storage of goods in the case of a dry cleaner or launderer, has a lien on the goods for the costs of the work done.

(b) Sale of goods. -- If the costs which give rise to the lien are due and unpaid 90 days after the work is completed or in the case of a dry cleaner or launderer goods are due to be retrieved from storage, the artisan may sell the goods to which the lien attaches at public or private sale. The artisan, launderer, or dry cleaner shall post a notice in a conspicuous place on the premises to the effect that clothing must be retrieved in 90 days or it will be subject to sale, after notice.

(c) Notice of sale or disposal. -- The artisan shall give at least 30 days notice before any sale or disposal to the owner by mailing the notice to the owner at his last known address. If the owner's address is unknown, the notice may be given by:

   (1) Posting it on the door of the courthouse or on a bulletin board in the immediate vicinity of the door of the courthouse of the county in which the work was done;

   (2) Publishing it once a week for two successive weeks in one or more newspapers of general circulation in the county in which the work was done; or

   (3) (i) Posting it at the artisan's place of business in a plain and prominent manner, provided that the notice is imprinted on a sign that is clearly visible and states that the goods may be sold on or after 90 days from the day the work is completed; and

      (ii) Imprinting the notice on the receipt or invoice given to the owner or the owner's agent.

(d) Application of proceeds. --

   (1) The proceeds of the sale shall be applied, in the following order, to:

      (i) The expenses of the sale; and

      (ii) The amount of the lien claim.

   (2) After application of the proceeds in accordance with paragraph (1) of this subsection, any remaining balance shall be paid to the owner of the goods.

(e) Disposal of goods as alternative to sale. -- As an alternative to (b) and (c) above, if the costs which give rise to the lien are due and unpaid 6 months after dry-cleaned or laundered goods are due to be retrieved from storage, the dry cleaner or launderer may dispose of the goods in any manner. The artisan, launderer, or dry cleaner shall post a notice in a conspicuous place on the premises to the effect that clothing must be retrieved in 6 months or the goods may be disposed of.

HISTORY: An. Code 1957, art. 63, § 40; 1975, ch. 49, § 3; ch. 366, § 1; 1980, ch. 207; 1982, ch. 853; 1994, ch. 607.