|
2A:44-19. Refund to owner of proceeds of sale; petition
If the proceeds of a sale of unclaimed property are paid into the school fund and the owner of the money or his legal representative shall, by a written petition addressed to the director of the division of budget and accounting, demand the same and present satisfactory proof that he is entitled thereto, the said director shall, upon the petition and proofs being filed with him, draw his warrant upon the state treasurer for such sum as the owner may be so entitled. The state treasurer shall pay the same as soon as proper appropriation shall be made therefor.
2A:44-19.1. Customer defined
~Customer~ means the owner, a representative of the owner, or a person lawfully in possession of any of the goods enumerated in section 2 of this act.
L.1983, c. 528, s. 1, eff. Jan. 17, 1984.
2A:44-19.2. Lien for charges or services
2. Any person who performs dry cleaning, pressing, glazing, dyeing, washing, laundering, alteration, tailoring or repairs, or uses or furnishes materials or supplies, upon any garment, clothing, wearing apparel (exclusive of furs), draperies, curtains, carpets or rugs, slipcovers or furniture covers, or stores any of the same, at the request of or with the consent of a customer, shall have a lien thereon for the agreed charges for the work, services, storage, materials or supplies, or, in the event there has been no agreed charge, for the reasonable value thereof.
L.1983,c.528,s.2; amended 1991,c.480.
2A:44-19.3. Nonpayment after 90 days; public or private sale; notice to customer
In the event that payment is not made of the agreed charges or the reasonable value thereof for the work, services, storage, materials or supplies within 90 days after any of the goods were to be delivered or to be available to the customer, the goods may be sold at a public or private sale to pay the agreed or reasonable charges together with the cost of notifying the customer. The person to whom the charges are payable and owing shall, at least 30 days prior to the sale, give notice of the time and place of the sale to the customer. The notice shall be mailed to the customer at his last known address by certified mail, return receipt requested. Where the address of the customer is unknown, the posting of a notice of the sale in a prominent place in a public portion of the premises of the person required to give the notice shall constitute notice.
L.1983, c. 528, s. 3, eff. Jan. 17, 1984.
2A:44-19.4. Proceeds of sale; disposition
Upon the completion of a sale pursuant to the provisions of this act, the proceeds thereof shall be used to pay the reasonable or agreed to charges for work, services, storage, materials or supplies, together with the expenses thereof, including the cost of notifying the customer of the sale, and the balance remaining, if any, shall be forwarded to the customer at the last known address together with a statement of the distribution of the proceeds of the sale.
If the address of the customer is unknown, the balance remaining shall be held by the person performing or furnishing the work, services, storage, materials or supplies for a period of 6 months from the date of the disposition to be paid to the customer upon demand during this period of time. Upon the expiration of the aforesaid period of six months, amounts unclaimed shall be paid to the treasurer of the municipality in which the premises are located, for the use of the municipality.
L.1983, c. 528, s. 4, eff. Jan. 17, 1984.
2A:44-19.5. Inability to sell goods; other disposition
If after reasonable effort the goods cannot be sold as provided by this act, they may be given away or otherwise disposed of as the holder thereof shall determine.
L.1983, c. 528, s. 5, eff. Jan. 17, 1984.
2A:44-19.6. Action for debt
Nothing in this act shall be construed to bar any person from maintaining an action for debt against a customer, except that the proceeds of any sale, after deductions of expenses thereof, shall be credited upon the debt so due. If sale is held prior to entry of judgment, judgment shall be entered only for the amount of the debt then due and owing after application of the proceeds of the sale.
L.1983, c. 528, s. 6, eff. Jan. 17, 1984.
2A:44-19.7. Persons to whom act applicable; notice; posting
The provisions of this act shall apply to all persons performing or furnishing the work, services, storage, materials or supplies on goods who at the time the agreement to furnish or perform the same was made and at all times thereafter kept posted in a prominent place in a public portion of the premises the following notice:
~All articles cleaned, pressed, glazed, dyed, laundered, washed, altered, tailored, stored or repaired and not called for within 90 days thereafter are subject to sale as provided by law.~
L.1983, c. 528, s. 7, eff. Jan. 17, 1984.
2A:44-19.8. Assignment of lien and indebtedness
The lien and indebtedness on which it is founded may be assigned without impairing the lien and the lien may be enforced by the assignee directly.
L.1983, c. 528, s. 8, eff. Jan. 17, 1984.
2A:44-19.9. Immunity from liability on conformance with act
Conformance with the provisions of this act shall extinguish any liability of any person who causes goods to be sold or disposed of pursuant hereto.
L.1983, c. 528, s. 9, eff. Jan. 17, 1984.
|
