§ 34-46-6 — § 34-46-6. Cessation of enforcement actions.

§ 34-46-6. Cessation of enforcement actions.

A facility operator shall cease enforcement actions immediately upon any of the following:

(1) Payment by owner. The vessel owner pays the facility operator the full amount necessary to satisfy the lien on the date payment is tendered. At any time before the conclusion of a sale conducted under this chapter, the vessel owner may redeem the vessel by paying the full amount of the lien on the date payment is tendered;

(2) Payment by other lienholders. A person other than the facility operator who has a lien on the vessel pays the facility operator the full amount necessary to satisfy the lien held by the facility operator. Upon payment by a lienholder of record, the facility operator shall hold the vessel for the benefit of and at the direction of that lienholder and may not deliver possession of the vessel to the vessel owner. Unless the facility operator and the lienholder enter into a new storage agreement, the lienholder shall arrange removal of the vessel from the facility forthwith; or

(3) Initiation of civil action. An owner of a vessel or one claiming ownership rights in the vessel files in a court of competent jurisdiction and serves on the facility operator, not less than ten (10) days before the scheduled date of sale, a complaint against the facility operator relating to the obligations incurred by the storage of the vessel or any claims related to the vessel and in such complaint objects to the enforcement of the lien and sets forth the legal reasons why the lien should not be enforced. The enforcement action shall not resume until either the civil action is resolved or the court enters an order permitting the enforcement action to proceed.

Legislative History

P.L. 1994, ch. 162, § 3; P.L. 2011, ch. 363, § 20; P.L. 2021, ch. 102, § 1, effective July 1, 2021; P.L. 2021, ch. 103, § 1, effective July 1, 2021.