Michigan Laws 570.569 – Sale of special tool with lien asserted
Current as of: 2023 | Check for updates
|
Other versions
(1) Before a special tool builder may sell a special tool for which a lien is claimed and for which the required notice has been sent under section 25, the special tool builder shall notify the customer, the end user, and all other persons that have a perfected security interest in the special tool under part 5 of article 9 of the uniform commercial code, 1962 PA 174, MCL 440.9501 to 440.9527, by certified mail, return receipt requested, of all of the following:
(a) The special tool builder’s intention to sell the special tool 60 days after the receipt of the notice.
Terms Used In Michigan Laws 570.569
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Lien: A claim against real or personal property in satisfaction of a debt.
- Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
(b) A description of the special tool to be sold.
(c) The last known location of the special tool.
(d) The time and place of the sale.
(e) An itemized statement of the amount due.
(f) A statement that the special tool was accepted and the acceptance was not subsequently rejected.
(2) If there is no return of the receipt of the mailing or if the postal service returns the notice as being nondeliverable, the special tool builder shall publish notice of the special tool builder’s intention to sell the special tool in a newspaper of general circulation in the place where the special tool is last known to be located, in the place of the customer’s last known address, and in the place of the end user’s last known address. The published notice shall include a description of the special tool and the name of the customer and the end user.
(3) If a customer or end user against whom the lien is asserted disagrees that the special tool was accepted or that the acceptance was not subsequently rejected, the customer or end user shall notify the special tool builder in writing by certified mail, return receipt requested, that the special tool was not accepted or that the acceptance was subsequently rejected. A special tool builder who receives this notice shall not sell the special tool until the dispute is resolved.