§ 34-46-6 - Cessation of enforcement actions.
SECTION 34-46-6
§ 34-46-6 Cessation of enforcementactions. – A facility operator shall cease enforcement actions immediately upon any of thefollowing:
(a) Payment by owner. The vessel owner pays thefacility operator the full amount necessary to satisfy the lien. At any timebefore the conclusion of a sale conducted under this chapter, the vessel ownermay redeem the vessel by paying the full amount necessary to satisfy the lien;
(b) Payment by other lienholders. A person other thanthe facility operator who has a lien on the vessel pays the facility operatorthe full amount necessary to satisfy the lien held by the facility operator.Upon payment by a lienholder of record, the facility operator shall hold thevessel for the benefit of and at the direction of that lienholder and may notdeliver possession of the vessel to the vessel owner. Unless the facilityoperator and the lienholder enter into a new storage agreement, the lienholdershall arrange removal of the vessel from the facility forthwith; or
(c) Initiation of Civil Action. An owner of a vesselfiles in a court of competent jurisdiction and serves on the facility operator,not less than ten (10) days before the scheduled date of sale, a complaintagainst the facility operator relating to the obligations incurred by thestorage of the vessel or any claims related to the vessel and in such complaintobjects to the enforcement of the lien and sets forth the legal reasons why thelien should not be enforced. The enforcement action shall not resume untileither the civil action is resolved or the court enters an order permitting theenforcement action to proceed.