Rhode Island General Laws 34-46-6. Cessation of enforcement actions
A facility operator shall cease enforcement actions immediately upon any of the following:
(1) Payment by owner. The vessel owner pays the facility operator the full amount necessary to satisfy the lien on the date payment is tendered. At any time before the conclusion of a sale conducted under this chapter, the vessel owner may redeem the vessel by paying the full amount of the lien on the date payment is tendered;
(2) Payment by other lienholders. A person other than the facility operator who has a lien on the vessel pays the facility operator the full amount necessary to satisfy the lien held by the facility operator. Upon payment by a lienholder of record, the facility operator shall hold the vessel for the benefit of and at the direction of that lienholder and may not deliver possession of the vessel to the vessel owner. Unless the facility operator and the lienholder enter into a new storage agreement, the lienholder shall arrange removal of the vessel from the facility forthwith; or
(3) Initiation of civil action. An owner of a vessel or one claiming ownership rights in the vessel files 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 complaint against the facility operator relating to the obligations incurred by the storage of the vessel or any claims related to the vessel and in such complaint objects to the enforcement of the lien and sets forth the legal reasons why the lien should not be enforced. The enforcement action shall not resume until either the civil action is resolved or the court enters an order permitting the enforcement action to proceed.
History of Section.
P.L. 1994, ch. 162, § 3; P.L. 2011, ch. 363, § 20; P.L. 2021, ch. 102, § 1, effective July 1, 2021; P.L. 2021, ch. 103, § 1, effective July 1, 2021.
Terms Used In Rhode Island General Laws 34-46-6
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Facility: means a marina, boatyard, or marine repair facility that provides, as part of its commercial operation, the storage of vessels. See Rhode Island General Laws 34-46-2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Operator: means the proprietor, operator, lessor, or sublessor of a dry dock facility, his or her agent, or any other person authorized by him or her to manage the facility or to receive rent from the owner under a rental agreement. See Rhode Island General Laws 34-46-2
- Owner: means a person, other than a lienholder, having a property interest in or title to a vessel. See Rhode Island General Laws 34-46-2
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Storage agreement: means any written agreement or lease that establishes or modifies the terms, conditions, rules, or any other provisions concerning the storage of a vessel in a dry dock facility. See Rhode Island General Laws 34-46-2
- Vessel: means every description of watercraft used or capable of being used as a means of transportation on water and any personal property located thereon and shall include its appurtenances. See Rhode Island General Laws 34-46-2