§ 12-62-718 — Storage liens

(a) (1) A person may not exercise any right to foreclose or enforce any lien for storage of household goods, furniture, or personal effects of a service member in military service during the service member's period of military service and for sixty (60) days after termination or discharge, except upon an order previously granted by a court upon application and a return to the court made and approved by the court. (2) In the proceeding after hearing the matter, unless in the opinion of the court the ability of a service member to pay storage charges due is not materially affected by reason of his or her military service, the court on its own motion may, and shall on application to it by a service member in military service or another person on his or her behalf: (A) Stay the proceedings as provided in this subchapter; or (B) Make any other disposition the court considers to be equitable to conserve the interest of all the parties. (b) Any person who knowingly takes any action contrary to the provisions of this section, or attempts to do so, is guilty of a misdemeanor.

Legislative History

Acts 2003, No. 1003, § 18.