TITLE XLI
LIENS

Chapter 451-B
LIENS ON PERSONAL PROPERTY

Section 451-B:1

    451-B:1 Definitions. –
In this chapter:
I. "Personal property" means visible, movable, tangible goods, including goods that have been severed from real estate and moved for the purpose of being repaired. Personal property does not include real, intangible, or fixed property, fixtures, animals, inventory, or goods that are in the process of being made or manufactured.
II. "Repair" means to restore by replacing one or more parts or putting together what is torn or broken. It also means to fix, mend, or otherwise restore to a sound state.

Source. 1997, 302:2, eff. Jan. 1, 1998.

Section 451-B:2

    451-B:2 Lien Upon Item for Work. – Except to the extent otherwise provided by law, every person who shall repair, at the request of the owner, any article of personal property, the fair market value of which is not greater than $1,000, shall have a lien upon the property and may retain the possession of the article of property until the charges for such repair have been paid. Further, persons who repair articles of personal property shall provide notice that the owner of such personal property must disclose any prior lienholders having a security interest in such personal property at the time repairs are requested. The foregoing notice requirement may be satisfied either by sign or by express written notification at the time that a repair order is made.

Source. 1997, 302:2, eff. Jan. 1, 1998.

Section 451-B:3

    451-B:3 Sale to Satisfy Debt. – If a debt for repair services remains unpaid for 60 days from the date that they are completed, the holder of the lien established by the previous section may sell the article at public sale in accordance with RSA 444:3, RSA 444:5, and, in the event a prior lienholder has been disclosed by the property owner, in accordance with the notice to lienholder provisions of RSA 444:4-a or RSA 450-A:4, as applicable, provided that the lienholder gives a 30-day written notice by verified mail, as defined in RSA 21:53, to the owner of the article before such sale. The proceeds, after first paying the expense of sale, shall be applied in payment of the debt. After satisfying the requirements of RSA 444:5, the excess proceeds from such sale, if any, shall be paid over to the state treasurer in trust for the debtor.

Source. 1997, 302:2, eff. Jan. 1, 1998. 2012, 207:6, eff. Aug. 12, 2012. 2019, 242:3, eff. Oct. 10, 2019.