§ 43-63 — Lien for cleaning, laundering, dyeing, pressing or storing clothing, rugs and other fabrics

Every person, firm, association and corporation engaged in the business of cleaning, laundering, dyeing and pressing or storing clothing, carpets, rugs and other fabrics shall have a lien upon such clothing, carpets, rugs or other fabrics for the amount which may be due for the cleaning, dyeing, pressing or storage thereof, and may retain such clothing, carpets, rugs or other fabrics until such amount is paid.

If the debt for which a lien is given under this section be not paid within ninety days after it is due, the property subject to such lien, or so much thereof as may be necessary to satisfy such lien, may be sold by the person, firm, association or corporation holding such lien at public auction for cash, and the proceeds of such sale applied to the expenses thereof, and to pay the debt, and the surplus, if any, shall be paid to the owner of such property. Before making such sale the person, firm or corporation holding such lien shall give ten days' written notice thereof by registered mail sent to the last known post-office address of such owner, and, in addition thereto, shall advertise the time and place thereof in such manner as to give it reasonable publicity; provided that if the owner at the time of leaving such property to be cleaned, laundered, dyed, pressed or stored is given a ticket or other receipt therefor which bears on its face in type not smaller than eight point the words, "The property evidenced hereby may be sold if unclaimed after one hundred and eighty days except in the case of stored property which shall not be subject to sale until such property is unclaimed for two hundred forty days," then notice of sale by mail and other advertisement shall not be required. A copy of this section shall be prominently displayed in the place of business in which any such property is left by the owner.

Legislative History

1938, p. 613; Michie Code 1942, § 6451a; 1964, c. 272; 1973, c. 317.