§ 39A-6-117 — Storage liens.

(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 state military service during the service member's period of state military service and for 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. In the proceeding the court may, after hearing the matter, on its own motion, and shall, on application by the service member in state military service or another individual on the service member's behalf, unless in the opinion of the court the ability of the service member to pay the storage charges due is not materially affected by reason of the service member's state military service:

(1)(a) stay the proceedings as provided in this chapter; or
(1)(b) make any other disposition the court considers to be equitable to conserve the interest of all the parties.
(2) The enactment of the provisions of this section may not be construed in any way as affecting or limiting the scope of Section 39A-6-115.
(3) Any person who knowingly takes any action contrary to the provisions of this section, or attempts to do so, is guilty of a class B misdemeanor.

Legislative History

Renumbered and Amended by Chapter 373, 2022 General Session