HOUSE DOCKET, NO. 1125 FILED ON: 1/13/2009
HOUSE . . . . . . . . . . . . . . . No. 1788
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The Commonwealth of Massachusetts
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In the Year Two Thousand Nine
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An Act relative to lien holder notices.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 6B of Chapter 159B of the General Laws, as appearing
in the 1996 Official Edition as amended, is hereby further amended by adding
thereto the following:-
At the time any motor vehicle voluntarily or involuntarily recovered,
towed, transported and stored, as above described is so placed, the officer or
person placing it shall furnish the owner or operator of such garage the name
and address of the registered owner of said motor vehicle. Such information
shall be furnished by providing the owner or operator of the garage with a
copy of the registry of motor vehicles' teletype containing information
adduced from the vehicle identification number and plate number, if any. If any
information is not then available, said officer or person shall obtain such
information as early as possible and notify the owner and operator as set
forth above.
Within five days of receipt of such information, the owner or operator of
the garage shall notify the registered owner of the motor vehicle by certified
mail, return receipt requested, that such motor vehicle has been placed in his
care as provided by this section, and shall inform said registered owner of the
recovery, transportation and storage rates therefor, and shall inquire if he is
to continue to hold the motor vehicle subject to storage rates.
If said registered owner of said motor vehicle assents to the continued
storage of such motor vehicle, the owner of the garage shall continue to hold
said motor vehicle in storage.
If said registered owner fails to answer said notice or to remove said
vehicle after paying the recovery, transportation and storage charges therefor
within fourteen days after receipt thereof, the motor vehicle shall continue to
be stored at the prevailing rates and the owner or operator of the garage shall
notify the lienholder of said motor vehicle by certified mail, return receipt
requested, furnishing information regarding the location of said vehicle and
the recovery, transportation and storage charges therefor.
The garage or carrier or storage facility shall have a possessory lien
on said motor vehicle for its charges for recovery, transportation and storage
of said vehicle.
If, after the expiration of twenty-one days from the date when the
vehicle was brought to the garage or placed in the care of the owner of said
garage, the owner or lienholder of the motor vehicle has not claimed said
vehicle, the owner of the garage may give notice to the owner and lienholder
by certified mail his known place of abode stating the amount of the storage
charges and informing them that if the vehicle is not claimed within ten days,
the vehicle will be sold. If the owner or lienholder does not claim the vehicle
within said ten days, the owner of the garage may sell said motor vehicle at
public or private sale after publishing notice of said sale three times in a
newspaper published or having circulation in the city or town in which the
property is located with the third notice at least five days prior to such
sale that the vehicle is to be sold. Upon such sale, the owner of the garage
may deduct from the proceeds of such sale his charges for recovery,
transportation and storage of said motor vehicle, and the costs of sending
notices and of holding the sale, and shall furnish the registered owner and
lienholder of such motor vehicle a statement of the amount received at such
sale, together with the amount of his charges and costs, and the balance, if
any. If the owner of the garage knows the address of the registered owner or
lienholder of said motor vehicle, she shall pay such balance first to the
lienholder, if none, then to the registered owner. If neither address is known,
he shall deposit the same with the clerk of the said balance in a bank in the
name of the justice of the district court in trust for said owner of the motor
vehicle.
SECTION 2. Section 39A of chapter 255 of the General Laws, as appearing
in the 1996 Official Edition, is hereby amended by striking out all of the
sections after the first sentence ending in line 8 and inserting thereof the
following sentence:-
"Provisions for notification of owners and lienholders of such vehicles,
and for lien thereon and disposition thereof by sale shall be the same as
those contained in G.L. c. 159B, section 6B."
SECTION 3. Section 29 of chapter 266 of the General Laws, as appearing
in the 1996 Official Edition, is hereby amended by striking out lines 6-52 and
inserting in place thereof the following:-
"Whenever a stolen or misappropriated motor vehicle is recovered by a
police officer or other law enforcement officer, the police department shall
notify the registry of motor vehicles. Provisions for notification of owners
and lienholders of such vehicles and for lien thereon and disposition thereof
by sale shall be the same as those contained in G.L. c. 159B, section 6B."