1. A. A person or firm, which, at the request of the owner or person lawfully in possession:

   1. (1) repairs, cleans, adjusts or otherwise services jewelry, timing apparatus, watches, clocks, radios, home appliances, electrical equipment, musical instruments;
   2. (2) repairs, cleans, adjusts or otherwise services sporting equipment including guns; or
   3. (3) enhances the value of personal property, shall, by retaining possession of the articles upon which the work or service was performed, have a lien for unpaid charges for the work or services.

2. B. A person or firm, to qualify under the provisions of this act [48-3-22 to 48-3-27 NMSA 1978], must have posted a notice at each place of business at the time such work is authorized, which reads:

   "All articles left for (state the type of work or service provided) and not called for in 3 months will be sold for charges pursuant to Sections 48-3-22 through 48-3-27 NMSA 1978."

3. C. The provisions of this act do not extend to a person or firm that performs any of the functions described in Subsection A of this section on a wholesale basis or as a subcontractor.

History: 1941 Comp., § 63-317, enacted by Laws 1953, ch. 125, § 1; 1953 Comp., § 61-3-20; Laws 1971, ch. 157, § 1.

ANNOTATIONS

Time periods for notice, foreclosure proceedings mandatory. — Under former law, it was held that the notice provided for must use the period of three months as specifically provided in this section and that under Sections 48-3-25 and 48-3-26A NMSA 1978 a lien claimant may commence foreclosure proceedings in court at any time after three months from the date for which the lien claimed becomes due, or may sell the property under the nonjudicial procedure provided in Section 48-3-26 NMSA 1978 at any time after six months from the date upon which the lien claimed became due. 1953 Op. Att'y Gen. No. 53-5741.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 8 Am. Jur. 2d Bailments §§ 281, 282; 51 Am. Jur. 2d Liens §§ 15, 34, 35.

8 C.J.S. Bailments §§ 80 to 85.