Senate Bill No. 19–Senator Washington
Prefiled January 11, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Provides that person who repairs appliances
and electronics has lien for work performed and materials furnished. (BDR 9‑171)
FISCAL NOTE: Effect on Local Government: No.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along
left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to liens; providing that a person who repairs appliances and electronics
has a lien for the work performed and the materials furnished in repairing the
appliances and electronics; and providing other matters properly relating
thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section
1. Chapter 108 of NRS is hereby
amended by adding thereto a
1-2 new section to read as follows:
1-3 1. A
person engaged in performing work for a price upon any
1-4 appliance or
electronics has a lien upon the appliance or electronics
1-5 repaired for any
amount due for work performed in repairing the
1-6 appliance or
electronics and for the value or agreed price, if any, of all
1-7 materials
furnished by the lienholder in connection with the work.
1-8 2. If
any amount due for work performed or materials furnished
1-9 remains unpaid
for 30 days after the lienholder completed the work, the
1-10 lienholder may
sell any such appliance or electronics at a public or
1-11 private sale to
satisfy the amount due. A sale may occur only after the
1-12 lienholder has
provided notice of a lien in writing to the owner at least 30
1-13 days before the
sale. The notice must contain:
1-14 (a) An itemized statement of the amount due
and the date when it
1-15 became due;
1-16 (b) A brief description of the appliance or
electronics against which
1-17 the lien exists;
1-18 (c) A demand that the amount due, as stated in
the notice, must be
1-19 paid on or before
the date specified for the sale; and
2-1 (d) A statement that the appliance or
electronics will be sold to satisfy
2-2 the lien on a
date and at a location specified in the notice, unless the total
2-3 amount of the
lien is paid.
2-4 3. The
notice of a lien must be delivered in person or by registered or
2-5 certified mail,
return receipt requested with postage prepaid, directed to
2-6 the last known
address of the owner of the property, or, if the address of
2-7 the owner is
unknown, the notice of a lien must be posted in a
2-8 conspicuous
location in the lienholder’s place of business.
2-9 4. If
the proceeds of the sale amount to more than the sum of the lien
2-10 and the cost of
sale, the remainder must be paid over to the owner of the
2-11 property upon
demand.
2-12 5. This
section does not prevent a lienholder from waiving the lien
2-13 provided for in
this section and suing upon the amount due for work
2-14 done and material
furnished.
2-15 6. The
following notice must be posted at all times in a conspicuous
2-16 location at the
place of business of a person engaged in performing work
2-17 for a price upon
any appliance or electronics:
2-18 If the amount due
for work performed or materials
2-19 furnished in
repairing your appliance or electronics is not
2-20 paid within 30
days after the appliance or electronics is
2-21 repaired, the
appliance or electronics may be sold to pay
2-22 the amount owed.
2-23 7. As
used in this section:
2-24 (a) “Appliance” includes, without limitation,
a washing machine,
2-25 dryer, range,
stove, oven, dishwasher, refrigerator, freezer or any similar
2-26 movable device
that is used primarily for personal, family or household
2-27 purposes.
2-28 (b) “Electronics” includes, without
limitation, a television, radio,
2-29 audio or video
recording equipment, videotape or videodisc player, video
2-30 camera, audiotape
player, computer, computer peripheral, facsimile
2-31 machine or any
similar movable device.
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