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05/20/2024 11:30 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20130&cosponId=10006
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House Co-Sponsorship Memoranda

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House of Representatives
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: December 12, 2012 03:41 PM
From: Representative Ron Miller
To: All House members
Subject: PA Livery and Automobile Service Providers Fair Lien Act (Former HB 2311)
 
In the near future I intend to introduce legislation creating the Pennsylvania Livery and Automobile Service Providers Fair Lien Act.

For a number of years I have heard from automobile service providers and horse stable owners that customers have chosen to abandon their property rather than pay for the repair to the automobiles or care for their horses. For the automotive service provider ,. this causes vehicles to be abandoned on owner’s lot using valuable space for paying customers. For the stable owners, the stable owner incurs feed and veterinary costs of caring for the abandoned animal.

My legislation would create a lien attachment for services rendered as soon as the motor vehicle receives its final repairs or the horse is placed in the care of a stable owner.

The lien is enforceable 30 days after written demand for payment has been made. The lienholder executes the lien by petitioning the District Magistrate for lien sale authorization. The district magistrate then serves notice for all parties who have an interest in the motor vehicle or horse. The notice shall require a 20 day response period followed by a lien sale if the respondent does not answer. The total time from the lien attachment to sale is adequate to provide proper due process while allowing the automobile service station owners and stable owners the ability to mitigate their damages.

Previous cosponsors: MILLER, CALTAGIRONE, CREIGHTON, DALEY, DENLINGER, DePASQUALE, EVERETT, GILLESPIE, GINGRICH, HESS, MANN, METZGAR, MILLARD, PICKETT, SCHRODER, SWANGER, TALLMAN, TAYLOR and VULAKOVICH