§ 49-55d — Obtaining of lien without possession of vessel. Writ of attachment. Judicial sale.

(a) If the lienor does not have possession of the vessel, the lienor may bring a complaint, setting forth the reasons for the lien and demanding the sale of the vessel, returnable in the superior court, within whose jurisdiction the vessel is located or where the services for which the lien is claimed were performed. The lienor may cause to be issued a writ of attachment against the vessel directed to a state marshal or other proper officer who shall take possession of the vessel and continue in possession of the same where located, or elsewhere as deemed expedient by the officer. (b) A copy of the complaint shall be personally served by a state marshal or other proper officer upon the owner of the vessel or left at the owner's usual place of abode if the owner is a resident of this state. If the owner is not a resident of this state, then a copy of the complaint shall be served upon such person as may be in charge of the vessel and the state marshal shall send a notice of the complaint and the attachment of the vessel to the owner by certified mail at such owner's last-known residence. (c) The owner or the owner's representative shall have thirty days next succeeding the date the complaint is returnable to the proper court to file an affidavit with the court controverting any material allegations contained in the complaint and an affidavit that the owner has a valid defense. The issues so raised shall be tried as all other issues in the court. If the owner or the owner's legal representative does not file the necessary affidavits, the lienor may make a motion for judgment and order of sale which shall be heard on short calendar by the court having jurisdiction, which motion the court shall have the power to grant and the court shall order the sale of the vessel by the state marshal or other proper officer at public auction, subject to all prior encumbrances on file with the Secretary of the State, provided, at least seven days prior to the sale, a notice of the time, place and purpose of the sale shall be published in a newspaper having general circulation where the vessel was located at the time of the attachment, and notice of same shall be sent by certified mail to the owner of the vessel at such owner's last-known place of residence and to all other holders of valid security interests on file with the office of the Secretary of the State. The proceeds of the sale, after payment of all expenses connected with the sale and payment of any balance due on any valid security interest perfected before the vessel lien was filed, and satisfaction of the vessel lien and satisfaction of any valid security interest subsequent to the vessel lien presented for payment, shall be paid to the owner. If the amount due the owner is not claimed within one year from the date of such sale, it shall escheat to the state.

Legislative History

(1969, P.A. 818, S. 6; P.A. 74-183, S. 274, 291; P.A. 76-436, S. 237, 681; P.A. 79-602, S. 117; P.A. 00-99, S. 102, 154; P.A. 01-195, S. 49, 181; P.A. 03-19, S. 114.) History: P.A. 74-183 replaced circuit court with court of common pleas as court for return of complaint and deleted provision which had based court jurisdiction on amount of claim, i.e. superior court was court for return of complaint only where lien claimed exceeded $7,500, effective December 31, 1974; P.A. 76-436 deleted reference to court of common pleas, effective July 1, 1978; P.A. 79-602 divided section into Subsecs. and substituted “the” for “such”; P.A. 00-99 replaced references to sheriff with state marshal, effective December 1, 2000; P.A. 01-195 made technical changes throughout, effective July 11, 2001; P.A. 03-19 made technical changes in Subsec. (c), effective May 12, 2003.