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Home » US Law » 2022 North Carolina General Statutes » Chapter 44A - Statutory Liens and Charges » Article 1 - Possessory Liens on Personal Property.

§ 44A-1 – Definitions.

44A-1. Definitions. As used in this Article: (1) "Legal possessor" means a. Any person entrusted with possession of personal property by an owner thereof, or b. Any person in possession of personal property and entitled thereto by operation of law. (2) "Lienor" means any person entitled to a lien under this Article. (2a) "Motor Vehicle" […]

§ 44A-2 – Persons entitled to lien on personal property.

44A-2. Persons entitled to lien on personal property. (a) Any person who tows, alters, repairs, stores, services, treats, or improves personal property other than a motor vehicle or an aircraft in the ordinary course of his business pursuant to an express or implied contract with an owner or legal possessor of the personal property has […]

§ 44A-3 – When lien arises and terminates.

44A-3. When lien arises and terminates. Liens conferred under this Article arise only when the lienor acquires possession of the property and terminate and become unenforceable when the lienor voluntarily relinquishes the possession of the property upon which a lien might be claimed, or when an owner, his agent, a legal possessor or any other […]

§ 44A-4 – Enforcement of lien by sale.

44A-4. Enforcement of lien by sale. (a) Enforcement by Sale. – If the charges for which the lien is claimed under this Article remain unpaid or unsatisfied for 30 days or, in the case of towing and storage charges on a motor vehicle, 10 days following the maturity of the obligation to pay any such […]

§ 44A-5 – Proceeds of sale.

44A-5. Proceeds of sale. The proceeds of the sale shall be applied as follows: (1) Payment of reasonable expenses incurred in connection with the sale. Expenses of sale include but are not limited to reasonable storage and boarding expenses after giving notice of sale. (2) Payment of the obligation secured by the lien. (3) Any […]

§ 44A-6 – Title of purchaser.

44A-6. Title of purchaser. A purchaser for value at a properly conducted sale, and a purchaser for value without constructive notice of a defect in the sale, whether or not the purchaser is the lienor or an agent of the lienor, acquires title to the property free of any interests over which the lienor was […]

§ 44A-6.1 – Action to regain possession of a motor vehicle or vessel.

44A-6.1. Action to regain possession of a motor vehicle or vessel. (a) When the lienor involuntarily relinquishes possession of the property and the property upon which the lien is claimed is a motor vehicle or vessel, the lienor may institute an action to regain possession of the motor vehicle or vessel in small claims court […]