How Do I Enforce a Jeweler's Lien in Georgia?
Full Question:
Answer:
Please see the following Georgia statutes:
44-14-430. In order to enforce his lien for materials furnished and work
done,....
In order to enforce his lien for materials furnished and work done,
any jeweler or any other person, firm, or corporation engaged in the
business of repairing watches, clocks, jewelry, and other articles of
similar character may sell those articles upon which charges for
repairs, including work done and materials furnished, have not been
paid and which have remained in the possession of the jeweler, person,
firm, or corporation for a period of one year following the completion
of the repairs.
44-14-431. Before any sale is made as provided in Code Section 44-14-430,
the....
Before any sale is made as provided in Code Section 44-14-430, the
person, firm, or corporation making the sale shall give 30 days' notice
thereof by posting a notice of the sale before the courthouse door of the
county in which the repairs were made. Such notice shall give the name of
the owner of the article or articles so repaired, if known, and, if not
known, the name of the person from whom the article or articles were
received; a description of the article or articles to be sold; and the
name of the person, firm, or corporation making the repairs and proposing
to make such sale. The person, firm, or corporation shall also give
written notice thereof by sending a registered or certified letter to the
last known address of the owner of the article or articles or the person
who left the article or articles for repairs advising such persons of the
time and place of the sale, the description of the article or articles to
be sold, and the amount claimed by the person, firm, or corporation for
such repairs, including work done and materials furnished; and the amount
so claimed for the repairs shall also be stated in the notice posted
before the courthouse door.
44-14-432. All sales made under this part shall be made at public auction
before....
All sales made under this part shall be made at public auction before
the courthouse door of the county where the person, firm, or corporation
making the sale had its place of business at the time of receiving the
article or articles to be sold and during the hours provided by law for
holding sheriffs' sales.
44-14-433. The proceeds of any sale made under this part shall be applied
first....
The proceeds of any sale made under this part shall be applied first
to the payment of the lien for services rendered by the person, firm,
or corporation making the sale for work done and materials furnished
in repairing the article or articles sold, including the cost of the
registered notice provided for in Code Section 44-14-431. Any residue
shall be paid to the judge of the probate court of the county where
the sale took place, who shall hold the sum for a period of one year,
during which time the owner or owners of the article or articles so
sold may claim the residue; but, at the end of the period of one year,
if the residue has not been claimed by the owner or owners of the
article or articles sold, the residue shall be placed by the judge in
the educational fund of the county where the sale was made.
44-14-434. Any jeweler or other person, firm, or corporation desiring to
avail....
Any jeweler or other person, firm, or corporation desiring to avail
himself of the provisions of this part shall display a sign in his
place of business notifying the public that all articles left for
repairs will be sold for charges at the expiration of one year from
completion of such repairs.
