(REPRINTED WITH ADOPTED AMENDMENTS)

 

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.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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 that is delivered to his place of business for

1-5  repair has a lien upon the appliance or electronics repaired for any

1-6  amount due for work performed in repairing the appliance or electronics

1-7  and for the value or agreed price, if any, of all materials furnished by the

1-8  lienholder in connection with the work.

1-9    2.  If any amount due for work performed or materials furnished

1-10  remains unpaid for 60 days after the lienholder completed the work, the

1-11  lienholder may sell any such appliance or electronics at a public or

1-12  private sale to satisfy the amount due. A sale may occur only after the

1-13  lienholder has provided notice of a lien in writing to the owner at least 30

1-14  days before the sale. The notice must contain:

1-15    (a) An itemized statement of the amount due and the date when it

1-16  became due;

1-17    (b) A brief description of the appliance or electronics against which

1-18  the lien exists;

1-19    (c) A demand that the amount due, as stated in the notice, must be

1-20  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.  Any person who purchases any appliance or electronics in good

2-13  faith at a sale to satisfy the lien acquires the appliance or electronics free

2-14  of any interest of any other person.

2-15    6.  This section does not prevent a lienholder from waiving the lien

2-16  provided for in this section and suing upon the amount due for work

2-17  done and material furnished.

2-18    7.  The following notice must be posted at all times in a conspicuous

2-19  location at the place of business of a person engaged in performing work

2-20  for a price upon any appliance or electronics:

 

2-21  If the amount due for work performed or materials

2-22  furnished in repairing your appliance or electronics is not

2-23  paid within 60 days after the appliance or electronics is

2-24  repaired, the appliance or electronics may be sold to pay

2-25  the amount owed.

 

2-26    8.  As used in this section:

2-27    (a) “Appliance” includes, without limitation, a washing machine,

2-28  dryer, range, stove, oven, dishwasher, refrigerator, freezer or any similar

2-29  movable device that is used primarily for personal, family or household

2-30  purposes.

2-31    (b) “Electronics” includes, without limitation, a television, radio,

2-32  audio or video recording equipment, videotape or videodisc player, video

2-33  camera, audiotape player, computer, computer peripheral, facsimile

2-34  machine or any similar movable device.

 

2-35  H