§ 39-7-117. Storage liens.

(1) A person may not exercise any right to foreclose or enforce any lien for storage of household goods, furniture, or personal effects of a service member in military service during the service member's period of military service and for 60 days after termination or discharge, except upon an order previously granted by a court upon application and a return to the court made and approved by the court. In the proceeding the court may, after hearing the matter, on its own motion, and shall, on application to it by the service member in military service or another person on his behalf, unless in the opinion of the court the ability of the service member to pay the storage charges due is not materially affected by reason of his military service:

(a) stay the proceedings as provided in this chapter; or

(b) make any other disposition the court considers to be equitable to conserve the interest of all the parties.

(2) The enactment of the provisions of this section may not be construed in any way as affecting or limiting the scope of Section 39-7-115.

(3) Any person who knowingly takes any action contrary to the provisions of this section, or attempts to do so, is guilty of a misdemeanor.

Enacted by Chapter 306, 1997 General Session